An Empirical Study On The Judicial Application Of The Crime Of Endangering Public Safety With Dangerous Means

Because legislators adopt a purely normative value narrative of the acts of endangering public safety by dangerous means.This crime is often confused with other crimes in the criminal law when it is applied,which also leads to many disputes in the academic circles about the theory and judicial application of this crime.In the judicial practice of Shanxi Province,such disputes can not be ignored.Based on the sample analysis of 91 cases convicted of endangering public safety by dangerous methods in Shanxi Province from 2014 to 2018,this paper makes an empirical study with the crime pattern and the judgment of responsibility as variables.It is found that the criminal acts of this crime in judicial practice show a trend of diversified development,with driving behavior as the main part,interference in driving behavior,private power grid behavior,arson behavior,gas vent and other criminal acts as the supplement.There are also some problems,such as unclear conviction criteria,improper application of charges and light punishment for felonies.In order to solve this problems existing in the judicial application of the crime,it is particularly important to prescribe appropriate remedies.Firstly,we should optimize the criminal legislation of the crime of endangering public security by dangerous means,refine the penalty range of the section,and better deal with the changes of risk society.Secondly,we should implement the case guidance system in an all-round way to improve the ability of judicial personnel to enforce the law and handle cases.Finally,through the addition of sentencing guidance for the crime of endangering public security by dangerous means,the correct application of this crime in the judicial field will be promoted.