Judicial Determination Of The Form Of Abstract Dangerous Crime

The abstract dangerous crime compared to other crime has some particularity,the dangerous crime does not directly constitute a violation of the social object,but because of dangerous behavior Abstract dangerous crime will cause the possibility of damage to the object,law,law as the guarantee object,legal interests to maximize the safety of these dangerous behavior into the legal prohibition,once the behavior of the people has the corresponding behavior constitutes the abstract dangerous crime.With the rapid development of social economy,legislation and administration of justice is also gradually progress,for the protection of social rights should not only in violation,but should be the protection of legal interests of pre,given its maximum protection in law before being violated.Abstract the emergence of abstract dangerous crimes originated from Japan,Germany and other countries,and achieved certain results.China’s legislation and justice will draw lessons from it and be used to protect the object and legal interests in China’s law.In practice,the abstract dangerous crime object is mainly the protection of food safety,environmental pollution,network security,traffic safety and so on,these objects once suffered abuse will show a huge destructive,causing huge invasion to the social and economic development,economic and personal property safety,to prevent the infringement of the object,in China the object of pre protection,’prohibited behavior possible violations of these object behavior,you need to bear the responsibility if there is dangerous behavior.The modernization of the rule of law should not pay attention to the punishment after the event,should pay more attention to the prevention in advance,and abstract dangerous crime is an ex ante prevention,the purpose is to protect the maximum security of the interests of the object of our country.The related concept and the judicial practice of the abstract dangerous crime is still in the primary stage,different scholars question for the relevant provisions of the dangerous crime,these disputes affected by the judges in the judicial practice,so as to make a different decision.But as a rule of law in China to the future direction of development,the abstract dangerous crime should be further clarified,with strict legislation to guide the judicial practice,so in the judicial practice of related to handling the abstract dangerous crime in accordance with the law.Based on this background,this paper abstract dangerous crime stop shape judicial identification research,mainly focus on the perspective of the judge’s obligation to review,the problems through the abstract dangerous crime in the judicial practice to discuss different theory viewpoint and the judicial application.First of all,based on the concept and nature of the abstract dangerous crime is discussed,the different scholars in our country for the identification and the nature of the abstract dangerous crime dispute,only to clear up the abstract dangerous crime concept and essence in order to better carry out the judicial practice.Secondly,this paper studies the complete form of the abstract dangerous crime,and finds that the abstract dangerous crime has the completed form,and studies the form standard of the abstract dangerous crime.Again,according to the abstract dangerous crime consummated form judicial research,think the abstract dangerous crime has unfinished form,including the attempted form,discontinuation and preliminary form,although not classmates said that different forms of controversial Abstract dangerous crime,but this paper still insist on certain dangerous crime has the corresponding form,and according to the morphological identification research.Next,according to the abstract dangerous criminal judicial cognizance of the problem carried out research,between different theories of the dispute,easy to cause the abstract dangerous crime form no phenomenon in judicial practice,aiming at the existing problems in the judicial practice identified in the form of a list,and given the opinions of the author.Finally,the specific method for judge and application scope,main research is the estimation method and evidence judgment method,discuss the defendant anyway and judges in the judicial practice of evidence is allowed in judicial practice.Through the above research,we can clear up the judicial determination of the form of the abstract dangerous crime,get rid of the debate between different theories,and promote the research and judicial practice of the abstract dangerous crime in China.