Expansion And Limitations Of The Scope Of The Crime Of Endangering Public Security By Dangerous Methods

In recent years,social and economic development,the pace of society has been accelerated,the means of crime have been constantly refurbished,and the scale of crime has continued to expand.The threat of threatening public security has been increasing.In order to better maintain public security and combat vicious crimes,because the punishment for this crime is more severe,many cases involving public security are considered to constitute a dangerous method to endanger public safety.In particular,the Sun Weiming drunk driving case and the case of Hu Bin's car-smashing case have caused extensive discussion in society.However,the first thing to be clear is that this crime is more abstract in Article 114 and Article115 of our criminal law.There is no specific judgment standard for “dangerous methods” and there is no clear definition of “public safety”,plus the staff in judicial practice.The subjective nature of this crime leads to confusion.Second,the judicial interpretation promulgated in order to adapt to a changing society has increased the scope of application of the crime and also increased the risk of the crime.Third,the crime in the judicial practice found that there are a series of difficulties,the crime in judicial practice with similar crimes such as traffic accidents,dangerous driving,according to the case of the difference in the determination of the case will be different,causing the case to hear the penalty Not the same.In addition,the quality of the judiciary is different,and public opinion and policy pressures exist at all times.In actual trials,the crime is affected by many factors,resulting in the expansion of the scope of application of this crime,and even being abused.Finally,the excessive expansion of the scope of application of this crime violates the principle of legally prescribed punishment for crimes,undermines the possibility of national prediction,and undermines the systemic nature of criminal charges.This crime has many problems in the definition of the theory and the application of judicial practice.It needs to be studied and discussed in many aspects.In addition to the introduction and conclusion,this article discusses this crime from the following sections:The first part explains the concept of this crime,and analyzes the current law's description of the concept,crime,and application of the crime,and understands the provisions of this law in the specific law.This article elaborates on the definition of the criminal constitution and the theoretically relevant concepts of this crime and specifically distinguishes the “other dangerous methods” and “public safety” issues in this crime.The second part introduces the background of the expansion of the scope of this crime,from the judicial practice and judicial interpretation to find the performance of the crime expansion,and further explore the reasons for the expansion of the crime from the aspects of legislation,justice,policy and public opinion.The third part considers the limitation of the interpretation of the crime and analyzes the reasons for the restriction,including that the thought of severe punishment does not meet the requirements of the modern rule of law,reduces the predictability of the criminal law,and confuses the public's understanding of the penalties of the criminal law.It will further introduce how to take a restrictive approach from the legislative,judicial and public opinion,and gradually limit the application of this crime to expand.