"The Crime Of Endangering Public Safety In The ’Dangerous’Research

The crime of endangering public safety is of generality, add features and security, in the understanding of "dangerous method" should be strictly interpreted, judicial application should be strictly restricted. However, in the current judicial practice, form them road traffic order to the order of the market economy, the individual rights of citizens,social management order, crime of endangering public security by the dangerous method has been more and more long. The crime of hooliganism, and once the affray crime is the same, the popular criticism, has become the pocket crime suspects. The famous German criminal law experts Inhering pointed out:"the penalty as a two edged sword, use not when, the state and the individual two victim."Given the tendency of this crime violates the crime punishment legal principle, excessive punishment; some scholars think that the crime should be abolished. Man does not agree with the abolition of the crime, but it claims from the humanistic position, the spirit of modesty of criminal law, in accordance with the principle of suiting punishment, strict interpretation of "dangerous", strictly limit the application of this crime. ALLtypes of crime in all society, as long as the crimes are not beyond the provisions of the society, it is normal. This paper consists of two parts of introduction and text, the text part includes six parts, in particular:The first part, starting from the "public safety" controversy, the "no specific" and "most"; if the property is limited to the "security" public and private property; whether the "public safety" content is limited to the "human life, health and major public and private property" to do the analysis.The second part,"a dangerous method" to the crime of endangering public safety in the "chaos" of carding, pointed out that "the crime of endangering public safety" on the problems existing in the application of the criminal law.The third part, the author of the article114th of the criminal law, article115thparagraph first of the intentional content analysis, pointed out that article114th of the criminal law, article115th paragraph first of the "intentional content" is not exactly the same. Secondly, the "dangerous" in the crime objective logical loopholes were described, Finally, the crime of endangering public safety in the "dangerous" rational crime, should Coordinate the relationship between subjective and objective factor. The fourth part, on the basis of the second part and the third part, the author of the current criminal law "a dangerous method" limited the study, mainly expatiates the high probability from the "dangerous method" and "a dangerous method", and combine with China’s current research of economic form policy requirements, further emphasized that "a dangerous method "applied in judicial practice, should maintain a certain-limit.The fifth part, standing in the crime of endangering public safety standpoint, from the "other dangerous means’ other ’definition of,"a dangerous method "is further expounded, with emphasis on China’s current criminal law system "a dangerous method" to define the meaning of the criminal law, understanding and consideration of.The sixth part, comprehensive analysis of the parts of the system, points out the problems; solve the problem in logic that of other "dangerous method" proposed solution. The legislative principle leads to "other dangerous means" wanton cognizance, Dangerous crime from the perspective of the theory of "a dangerous method" of that.