To Dangerous Methods,some Difficult Problems Endangering Public Security Research

China's criminal law on the crime of endangering public security with dangerous method,but the law on the crime constitution of this crime expressed vague and not for this crime specified in the form of the behavior of the structure and,in turn,lead to in judging what is a "dangerous methods,other difficulties.Scholars' understanding of this crime has many differences,also in the judicial practice difficult to form a unified standard criterions for the conviction.The arrival of the risk society,a new type of crime to emerge in endlessly,which cause serious damage to the society,however,the law has the hysteresis characteristics,for the new crime,the current law is not necessarily accurate,specific provision,although have a lot of behavior endangering public security,but not on other specific crime,and finally to the conviction to punish this crime,leading to its applicable scope expanding constantly,the trend of abusing appeared,at the same time there is connection with different sentence phenomenon,sentencing abnormal light or heavy,Ohio,and runs counter to the principle of a legally prescribed punishment.This paper follow the principle of legally prescribed punishment for a premise,using the theoretical knowledge of law,and combined with the vast majority of cases,the crime of endangering public security with dangerous method was systematically studied.Constitutive requirements of crime and analyzed in depth,made clear the behavior of the structure and the way this crime,put forward how to correctly define the crime and not crime,this crime and the crime,the author argues that narrowed the explanation should be made for this crime constitutions to minimize the application fields of this crime.This article is divided into four parts,the first part,introduces the legislative evolution and its application status quo of this crime,this crime is expounded for the types of typical detailed analyzes the profound reasons behind the applicable field of more and more widely.The second part,the paper analyzes the objective elements of this crime,using the similar rules of interpretation,interpretation of the so-called "other dangerous method" Ming is only four dangerous methods,such as explosion,fire risk in the same level,once implemented to control and not immediately after the devastating.The third part,the paper analyzes the subjective elements of the crime of endangering public security with dangerous method,to kill to set up the grid as an example,puts forward the method to distinguish indirect intent and overconfident negligence.The fourth part,closely intersection to this crime related behavior of the nature of the debate,the comprehensive carding on the dangerous driving behavior,puts forward what circumstances constitute traffice offences,under what circumstances constitute this crime.Don't think the offender theft CMC should set the crime of endangering public security with dangerous method,but may constitute a breach of the traffic facilities or stealing.