Research On The Legal Application Of Crime Of Endangering Public Security With Dangerous Methods

As a fallback provision, the crimes of endangering public security with dangerous methods really achieve some effects on punishing criminal offense and safeguard the social justice. But a coin has two sides, the expanding use in the judicial practices and judicial interpretations often cause "different penalties in similar cases" or "different cases with similar penalty", as a result, it will creates confusion on the use of charges, makes other charges invisible in front of it. Now the expanding use of charge breaches the principal of legality, suiting responsibility and punishment in criminal laws. It also adverse to maintain the authority of the law, and could easily lead to an abuse of the law. The reason includes various aspects. This paper will focus on analyze of three aspects: the ambiguity and vagueness in legislation, heavy thinking of severe punishment and the misconceptions of judicial officers.In order to understand the connotation of the crime properly, this paper cut in the purpose of the legislative and explore its formation process, make sure the existence of the charge is homeopathy and health, but it also need to be improved constantly. Through the application of the charge from first section and understand the constitution of crime from four aspects. But the difficulty in grasping the object is also a major cause of the magnified crime, so we need to focus on the object, the author believe that the object of this charge not only include the uncertainty of people’s lives, health and significant property damages, but also include the situation of expansion from minority to majority. In additional, the object of the charge is an abstract concept, if we want to make sure whether one particular act is included, we need to analysis it from two aspects, one is the nature risk and danger of the charge, and the other is the suddenness, severe consequences. After analysis the differences between this charge from other charges through legal point of view, this article use the method of case study compares it with traffic crimes, illegal business in component, then put forward the views whether one act should be convicted in this charge. Using the events that actually happened in real life, it is easier for us to understand and resonate the charge.The broadening dilemma of this crime brings heated discussion about its rationality. This paper holds the view that all existences are reasonable and it could be dedicated to promote society’s stability but still needs further adjustment. Random and unreasonable deleting could lead to legal loopholes of new criminal forms. This paper classifies the idea from four aspects and we hope it could be beneficial to resolve this charge. Firstly, a perfected legal system of legislation is needed and using less abstract nouns is necessary. By listing examples with definitive explanation methods, we can fit common forms into legal systems. Laws can’t cover every inch, and in order to prevent crimes of other forms, we should define the crime in both objective and subjective aspects. Judicial interpretations play a very important role in our legal system and as a result it must be lawful and reasonable.We could not list anything into crime just because it’s influential, covering wide ranges or popular indignation. The rule of basing everything on facts and taking law as a criterion must be followed. Secondly, we need to consider the behavior’s dangerousness before the application of law and put result’s dangerousness behind. We must insist the involvement of public security and it could not be turned into crimes against public order. Thirdly, as the judge will use sentence the criminals directly, judge’s quality is also very important. Since he needs to continuously improve their professional qualities and ethics, listen to but now follow public opinions. Last but no least, by giving hope on the whole society’s excellent atmosphere, citizens need to show respect for law and we could not replace our personal likes or dislikes with legal standards. The phenomenon of obstruction of the court is surely allowed. Only in this way can we ensure fair treatment of the judge in largest degrees.There is still a long way to go for the prevention of expansion of accusations and asks for close coordination of all links. By ensuring the accusation plays its right role we could prevent unfair phenomena in maximum.