Explore The Standard Of Judgment About Danger

As one of the core concepts in the criminal law system,"danger" is the basis for many problems to be identified and solved,especially in recent years,which is regarded as an important index to evaluate most of the crimes.For example,dangerous offenders are based on the danger of violating the legal interest,so it is particularly important to understand the risk concept and its judgment standard.However,in today's theorists,the theories are based on different positions and values,and their basic standards,method and time points for judgment are different,and the so-called mainstream theory does not really solve the problem of dangerous judgment in judicial practice,and it causes the confusion in the interpretation of dangerous criminals.Therefore,this article is different from the past only to the standard level of the theory of risk judgment.The author is committed to the study of the three factors in the judicial application of different forms of crime in judicial application,which is related to the actor,behavior and results,so it only needs to be judged according to the above three factors:"Whether or Not","Light or Heavy","Urgent or Slow".These three aspects can lead to a clearer conclusion on how to convict and punish in judicial practice.But in different forms of crime,it is not necessarily to judge the three problems at the same time,because the risk of partial typization may be omitted from the judgment stage of "whether or not",and the analysis of the crime form directly from its degree(size,urgency),whether it is to judge "whether or not",or the size,the urgency,or the three must be judged,is the focus of this study.Because of the different categories of danger in the process of risk judgment,there is a different degree of requirement,so the standard that I summed up is not absolute,only in order to guide practice to a certain extent,to reduce the judge's judgment in practice.