The Identification Of "Dangerous Methods" Of The Crime That Endanger Public Safety In Dangerous Methods

The basic reason why the crime of endangering public safety by dangerous methods is almost a "pocket crime" is that in judicial practice,many behaviors that do not meet the characteristics of "dangerous methods" are identified as "dangerous methods".The reasons for the confusion in the "dangerous approach" are mainly legislative and judicial.At the beginning of the legislation,the crime of endangering public safety by dangerous methods existed as a trapping clause.Therefore,the description of “dangerous methods” was ambiguous,which caused certain difficulties for the judicial authorities to determine in the practice.In judicial practice,the judiciary is affected by the pressure of public opinion on the one hand,and on the other hand there are misunderstandings regarding the determination of the “public safety” of the subject matter of this crime and the judgment of the specific dangerous state and danger of the crime.To get rid of the fate of the “pocket sin”,it is necessary to clearly identify the “dangerous method” of the crime on the premise of following the principle of legally prescribed punishment for a specified crime,combining theory with practice.Theoretically speaking,first of all,it is necessary to determine that the crime is a specific dangerous offender rather than an abstract dangerous offender.It is determined that there are “acquisition offenders and offenders” between 114 specific offenders and 115 offenders in the first paragraph.Second,it is necessary to define the scope of "public safety" that is the crime's legal benefits and also the the precondition for "dangerous methods." "Public safety" refers to unspecified or most people's lives,health and safety,as well as the safety of major public and private property on the premise of life-threatening,health and safety.Finally,specific criteria for determining "dangerous methods" need to be determined.Judging "dangerous methods" requires a comprehensive consideration of whether the behavior has led to a specific dangerous state and whether it has the danger of being able to do equivalent legal assessments such as "arising fire,deciding water,exploding,and placing dangerous substances".That is,the requirements are dangerously equivalent.From a practical point of view,it is necessary to apply the specific criteria of "dangerous methods" to judicial practice.With reference to this standard of recognition,combined with classic cases,the analysis and determination of typical situations in judicial practice are made.