Research On The Theoretical Controversy And Practice Of The Crime Of Endangering Public Safety By Dangerous Methods

In recent years,more and more of the crime of endangering public security with dangerous method convicted criminal cases appeared in front of the world,including social impact a wide range of cases,such as more drunken driving accident case,the \ "melamine\" sanlu milk powder incident,etc.,endangering public security with dangerous method gradually known by the public.In article one hundred and fourteen and article one hundred and fifteen of the criminal law on the crime of endangering public security with dangerous method conviction has certain \ "out\" nature,and the key concepts are not clear,in the theoretical circle has great differences,so that exist in the judicial practice of this crime is applicable for the expansion trend and connection with different phenomenon.But as a result of the cognitive limitations,lawmakers could not discern in continuing development and changes of social life at that time all the crime phenomenon and foresee a new crime phenomenon,so it is impossible to all of the current social crime and crime means and methods of the future in the right be explicitly stipulated in the law.In the face of such caused by social development and progress of new uncertain risks in the real law in the blank area,people also do not want to own life and property security caused by the blank could not be earnestly safeguard,therefore,the \ "other...\" The flexibility of the law is favored by legislators,this crime is in this situation arises at the historic moment.At first,this paper based on the history of the crime of endangering public security with dangerous method,background,the analysis of the constitutive requirements,to explore the nature of the crime of endangering public security with dangerous method and legislative intent,on a deeper level of crime,the differences in the theoretical circle involved or contentious issues to a more reasonable argument,thus at the legislative level explore legislators legislative intent and value pursuit.Secondly,in this paper,firstly I started from the specific case.As for the case,I analysis it with theory,and then combined theory with practice.From that,you can know the meanings of some words in this case,for example“with dangerous method”?“publicity”?“security” and their extended meanings“uncertainty”?“majority” and so on.Thus you can know the condition of the crime.Finally,through the elaboration and analysis all kinds of problems of this crime in judicial practice,such as expanding the applicable and different connection,etc.)and its causes,to explore a more reasonable appropriate solution,and put forward the solution in the legislative and judicial level,in order to reduce disputes,avoid offering unlimited expansion,and then \ "reduced\" to let the person of the \ "whole\",to better fight against this kind of crime,to protect the public safety of the people.Also expect the rule of law construction with the development of economy in our country towards a new step.