The Boundary Between Crime Of Causing Traffic Casualties And The Crime Of Endangering Public Security By Dangerous Means

China's socio-economic development brings the popularity of vehicles,and the traffic problems are becoming more and more serious at the same time,especially the frequent traffic accidents in recent years,triggering the controversy and Reflection to these more complex traffic accident case in the law application.China's criminal law have two charges in the application of traffic offenses behavior,Crime of Causing Traffic Casualties and the Crime of Endangering Public Security by Dangerous Means.Due to the inconsistent application in the judicial practice of the Crime of Causing Traffic Casualties and the Crime of Endangering Public Security by Dangerous Means,it makes the same nature cases with different referee,not only unfair to the parties and contrary to the the principle of equality in criminal law,but also can't meet the certainty and predictability of the law,affecting the construction of the rule of law in our society.Scholars have put forward different views and opinions on the boundary of Crime of Causing Traffic Casualties and the Crime of Endangering Public Security by Dangerous Means.However,there is still controversy on the determination of traffic accident cases which have serious consequences due to dangerous driving behavior,whether in practice or in theory.Therefore,it is still necessary to further discuss it so as to benefit the correct application of law in practice.This paper consists of the following four parts.The first part points out the applicatory problem of Crime of Causing Traffic Casualties and the Crime of Endangering Public Security by Dangerous Means by two similar cases which are recognized by the judiciary as different crimes.The second part discusses the object and subjective cognizance relationship between Crime of Causing Traffic Casualties and the Crime of Endangering Public Security by Dangerous Means.The third part discusses the objective boundary of Crime of Causing Traffic Casualties and the Crime of Endangering Public Security by Dangerous Means through the analysis of the four kinds of dangerous driving behavior.The fourth part discusses the subjective boundary of Crime of Causing Traffic Casualties and the Crime of Endangering Public Security by Dangerous Means by means of analyzing the theory of theory of second impact and proposing other scholars' viewpoint and method of cognition.