A Research On "Other Dangerous Methods" In The Crime Of Endangering Public Security By Dangerous Methods

On account of various social risks caused by a series of recent public security problems emerge in endlessly,endangering public security with dangerous method is more applicable to the judicial practice,this crime is beyond the limits of expansion in the field of other crimes,including road traffic order,market economic order,citizens' personal rights and social management order,and other fields,this antenna has extended longer and longer.Because this crime does not meet the legal principle of crime and punishment in the legislative clarity of the principle requirements,so that it becomes a crime against public security provisions,there is a risk of bag crime.Crime of endangering public security with dangerous method which are endangering public security crime,but must not be confused with other essential differences between crime of endangering public security,be clear "other dangerous method" is determined to standard the only form of the elements,is the difference between this crime and other types of endangering public security crime the key point,therefore should be the "other dangerous method" in accordance with the criminal law doctrine study on the similar rules to limit interpretation,"other dangerous method" refers to have killed most people seriously injured,the reality of the harm of risk behavior,and this kind of risk behavior can directly lead to harmful consequences,They are characterized by directness,rapid sprawl and high probability.In this article,the first chapter is an overview of the crime of endangering public security by dangerous methods.It mainly explains the legislative evolution of this crime and the related criminal theory problems involved in this crime.Chapter two,combined with the judicial practice of the charge of the application of controversial acts and the judicial interpretation of the crime,from the theory of different acts belong to the crime of "other dangerous methods" to explain and analyze.The third chapter,based on the principle of legality of crime and punishment,analyzes "other dangerous methods" in criminal law theory through the hermeneutics of criminal law,and determines the basic principle of limiting interpretation and strictly limits the scope of interpretation of "other dangerous methods".