Research On Reasonable Application Of Crime Of Endangering Public Security With Dangerous Methods

In recent years, the applicable scope of the crime of endangering public security with dangerous method expands, make it has a tendency to do the development of the whole. Article on the basis of sure this crime legislation value, against this crime expansion applicable problems in practice, from the perspective of criminal constitutive requirements, on how to apply it rationally, reduction in detail about the true colors. My main object of this crime "public security", objective aspect "the other dangerous method ", "dangerous state" these complicated elements are analyzed and defined. Clear: the scope of "public" should be the majority of people, rather than specific most people; The content of the "security" as the life, health, or the safety of the major public or private property; "Dangerous method" only refers to those who once implemented, is likely to cause serious injury, death or majority resulting in serious losses to public or private property; It belongs to "specific risk", need to risk as the constitutive requirements, and the risk of concrete determination methods are discussed.