Research The "Other Dangerous Methods" In The 114?115 Article Of The Criminal Law

Since entering in twenty-first Century, the social situation is complicated and changeable, and scientific and technological progress, at the same time, the risk is also increasing. Crime means emerge in an endless stream. However, due to the law itself lag not on these emerging crime means of effective regulation, especially for those who seriously endanger public security crime, judicial organs in the wits of the occasion will think of Criminal Law Article 114 and 155 of endangering public security in a dangerous way to sin, seems to only the charges to achieve purpose of crime. In fact, there are many acts did not constitute a crime or not the establishment of this crime. It is due to appear in the judicial practice of the expansion of the application of this crime phenomenon, caused the attention of academic circles and society, especially on the crime of "public security" and "other dangerous means understanding, his academic made a lot of efforts, has obtained the certain effect, but still can't make this crime from the title of "pocket crime". I think the main reason is that academic circles only treated standard without cure, only on the surface of "public security" and "other dangerous means" is defined, and did not seize the deeper reason, that there is no distinction between criminal systems, lack of understanding to the crime constitution attribute.The writing intention of this paper is firmly adhere to the soul of the facts of the crime system, by the constitution of the crime with of based, always implement the principle of legality and subjective view of the principle of the unity of, advocated in the determination of the crime can only in fact standard for conviction, exceptional value supplement into sin as auxiliary, an innovation of this paper. In order to limit criminal law items 114 and 115, "other dangerous means" extension.The definition of the first part put forward the question, this part first discusses the status quo of theoretical study, includes two aspects:"pathogenic" and "disorder". "Pathogenic" is constitutes a crime judgment standard of choice, followed by the theoretical research of "disease", namely "other dangerous method". The second part is the analysis of the problem, this part of the contents of the first is the analysis of the theoretical foundation of this paper. Secondly is the analysis of the concepts involved in the subject matter of this crime, including interpretation of "public security" and analysis of "not specific or the majority of people". Once more discussed in the crime fact system understanding of "other dangerous means and definition. The third part is to solve the problem, this part of the main selection of this crime in the judicial practice of the expansion of the application of the three typical cases, and use this point of view for analysis.