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

Crime of endangering the public security with dangerous methods has been expanded in judicial application. By analyzing the cases related in 6 years (2010-2015), we found that this crime convicted by a increasing number of different scenarios and behaviors, and most of them are convicted and punished before the severe consequences are shown. In sentencing, the average annual 6 years was sentenced to ten years or more of the following cases accounted for 80.6% of all cases in the year, and in this part of the average annual probation rate of 29.5%. Through the analysis found that the crime in the judicial application showed the following characteristics:qualitative encountered a difficult cases tend to choose the crime, for the specific risk judgment as the consequences of the crime are too general and felony light punishment of, suspended for the applicable rate is higher. It also focuses on reflecting the expansion of application and lighter sentencing in the judicial application of the crime. Cause of endangering public safety in a dangerous means crime in judicial application appear these problems is, constitute a crime, the behavior of elements of uncertainty, constitute elements of interpretation of the arbitrary, the range of legal punishment was too broad and the policy function over the pursuit. To solve the crime in our law of these problems requires many aspects from the start. First of all, we must correctly handle the relationship between the principle of legality and the implementation of criminal policy, judicial officers must adhere to the legal basis of a legally prescribed punishment for a crime, cannot be a criminal policy as an excuse to go beyond the statutory principles to seek flexibility. Second, we must, through the strict interpretation of the constitutive elements of this crime, prevent its expansion in application.For the identification of "public" "public safety", the key point is behavior person's behavior in the objective of actual harm or the possible existence of most people. For the understanding of the "other dangerous means" a dangerous method ", from the point of view of nature." a dangerous method "should objectively makes the most serious injury or death of dangerous behavior; from the extent of view." a dangerous method "should has led to the most serious injury or death directly, diffusion and high probability of characteristics. Finally, the sentencing specification limits judge's sentencing discretion power. The Supreme Court should put the crime of endangering public security in a dangerous way into the sentencing guidelines in the common crime, and publish specific sentencing guidelines for the crime.