On The Dangerous Method In The Crime Of Endangering Public Security By "Dangerous Method"

The crime of endangering public safety as the "criminal law" 114 th People's Republic of China provisions and article 115 th of its own,with the implementation of behavior uncertainty characterization and is more likely to be widely applicable.Although the charges applicable to China's strict criminal law,to curb the emergence of new acts of endangering public security but characteristics of the crime itself has caused in the judicial practice has been excessive application,thus affect the basic principle of criminal law and even caused scholars on the crime of the abolition of the dispute.In order to achieve the balance between the effective punishment of crime and the full protection of human rights in judicial practice,it is urgent to further clarify the connotation and denotation of the dangerous method.This paper will be based on the actual,scientific and systematic analysis of the crime of endangering public safety in the "dangerous method" provisions and essential meaning,endangering public security for the majority of people are not specific to personal safety and property security threat as the priority,the harm behavior is very urgent for danger standard elements,derived from the "dangerous method" must have the harm to public safety,and arson,flooding,explosions and other behavior is very dangerous and to harm the public safety of high probability judgment standard,applicable to the general law and the special law is superior to the imaginative joinder of offenses should be a felony punishment principle should be put for the conviction of dangerous methods,the empirical analysis in the form of in the real life of the various "racing","drug driving","parabolic height",The new dangerous behavior,such as "erecting power grid privately" and "black flying unmanned aerial vehicle",is an analysis of the crime.In order to provide guidance and support for empirical scientific theory of judiciary,and the charges can play its educational function,discipline function and relief function more scientifically in the judicial practice,in order to carry out the criminal policy of combining punishment with leniency,legality,criminal responsibility system principle,safeguard judicial justice and improve the trial efficiency,promote social harmony and stability.