The Limitation Of The Use Of Dangerous Methods To Endanger Public Security

The seriously harmful consequences caused by drunk driving crimes have made judges in judicial practice tend to condemn crimes by endangering public safety in a dangerous way.The Sun Weiming case as a guiding case is an example.Why the crime of endangering public safety in a drunk driving crime is misused?There are three reasons:First,the indirect intention is indistinguishable from the overconfident negligence,while the judge prefers the drunkard to the former;second,the dangerous method is difficult to characterize.Judges tend to categorize drunken driving behavior as a dangerous method.However,this type of judicial practice has always been controversial.Third,public opinion and other factors interfere with the judiciary.In order to calm down the public,judges tend to punish drunken driving behaviors in a dangerous manner that endangers public safety.In fact,the investigation of the conviction and sentencing of drunk driving and traffic accidents outside the border did not show the similar crime to our country's dangerous approach to endangering public safety.The trend of abuse of the crime is becoming increasingly obvious.Therefore,we should amend the current dangerous driving provisions in China,add dangerous driving to death,and limit the frequency of judicial application of dangerous methods to endanger public safety crimes.Ultimately,the methods not only fundamentally solve the case of "drunk driving" to death or injury that the penalty for conviction and sentencing of traffic accidents is too light,deterrence and prevention are inadequate,but also prevent the crime of endangering public safety by dangerous methods from being a pocket crime.