Study Finds Dangerous Crime Of Endangering The Public Safety Issues

Judicial practice finds dangerous crimes against public security are often intertwined with other specific crimes, because the second one hundred and fourteenth chapter of criminal law and Article 115 of the provisions of this crime with a fallback character terms, making the identification of some dangerous methods often associated with a specific crime. In judicial practice if not for the crime of endangering public safety and other crime distinguish qualitatively correct, it could lead to a lenient sentence or felony case of serious punishment, is not conducive to the principle of legality in criminal law, criminal law and also can not play punish criminals and protect the legitimate interests of the people function. The author in the wording used in the process starting from the specific case, the first theoretical analysis and then come to study the theory and practice of the case method of combining the conclusions. For endangering public safety crime provisions of the criminal law is to take an open legislation, especially on the "other dangerous means," the correct understanding of the judgment constitutes a very important point of this crime, "other dangerous method" and arson explosion, flooding should have "equivalent" of the methods used, in other words, should have dangerous "considerable resistance" and these types of dangerous methods. in the judicial practice Dangerous driving crime actively avoid the harm result, but the crime of endangering public security with dangerous method hope or indulge the results happen, to some extent, does not to change. In other words, they will not make the same perniciousness. but when the dangerous driving behavior itself have quite a dangerous method and it has a quite subjective malignant, transformation occurs between them. There are similar traffic accident driving Pengci behavior, on the basis of their subjective intent, but also to analyze whether public safety caused by the infringement. This time to public safety are not specific and are analyzed on the basis of a correct qualitative analysis. But the crime of endangering public safety is a more serious crime, but also to follow a strict interpretation, on the basis of the overall system, as well as criminal penalties for the purpose of scientific explanation. Behavior in practice will not appear in this part of the dangerous driving or other crimes classified as a dangerous crime of endangering the public safety to increase the punishment for a crime, in violation of the principles of criminal culpability adaptation. Nor can simultaneously belong to this dangerous crime of endangering the public safety of such serious nature of the crime is classified as relatively poor dangerous driving crime similar to mitigate punishment, criminal law would otherwise lose its proper meaning. But all of these are to be built on the right of the right to analyze and understand the crime of endangering public safety crime. Practice in numerous cases, the paper selects several common easily confused with this crime counts several cases, with regard to the crime of endangering public safety and contact with some of the differences between the specific crime analysis, allowing for qualitative case more clearly.