Empirical Research Of The Crimes Against Public Security By Dangerous Means

In the criminal law of the crime of endangering public safety, fire, and water is a must, explosion, delivery dangerous material crime, crime of dangerous nature of considerable. Due to China’s criminal law does not define the crime clear, and it is a general charge, in recent years, the crime is increasingly showing expansion trend. The author lists the typical case of the case the focus of controversy, the column is summarized, and then each point of collection and analysis of the. The definition of the crime of endangering public safety implications, comply with the principle of legality and the protection of human rights point of view, the existing problems in the judicial practice of this crime are summarized. Then it points out that the current part of the judiciary in violation of the conviction and sentencing, the fundamental purpose of freedom and rights of criminal law principle of legality and the protection of citizens, there is the phenomenon of abuse of the charges.This paper is divided into three parts:The first part, combined with a typical case in recent years were reviewed, such as: Hu Bin butt driving case, Ping Ding Shan coal mine accident case, "pengci" case, Sanlu melamine milk powder case, the typical case in the above list, whether it should be applicable to the crime of endangering public safety, the crime, in theory there is a great controversy and disagreement. The author try to analyze the real situation, analyses different viewpoints, then put forward their own views.The second part, firstly, endangering public security with the dangerous method in the crime, analysis and definition of what constitutes dangerous behavior, points out the method of the crime. Secondly, the analysis of the meaning and significance of the crime legal principle, and then on the relationship between legal principles in the crime and the crime of endangering public safety. At the end of this part, discusses the application of this crime and other related charges.The third part, the judicial practice of this crime expansion of the phenomenon more and more serious, redefining the standards of the charges, and the principle of legality in the determination of the value to limit the crime, and finally put forward should correctly handle the national values and relationship between the crime of criminal law.