Discussing About The Definition Of The "Public Safety" In Crimes Of Endangering Public Safety

Since modern times,with the consciousness of individual rights gradually enhanced,the “public safety” has become a concept different with the national security and go back into people's horizons.More and more countries stipulate the crime of endangering public security as a independent chapter.Our country put the crime of endangering public security into chapter two,ranking only second to the crime of endangering national security.According to the theory that criminal law arranged by the degree of the seriousness of endangering,the harmfulness of the crime of endangering public security is just second to the crime of endangering national security,its importance is self-evident.However,the definition of the meaning of “public safety” is not clear enough,which also greatly influences the specific judgment of the practical community on such crimes.“Public safety” is increasingly becoming a universal label.When the justice needs it,it becomes a variety of interests,which trying to impose a felony heavy sentence on the actor.But“public safety” is not a borderline or all-encompassing concept.It should has its own definition of scope and conditions of application,rather than the excuse of punishing the offenders heavily.Therefore,this article regards the regulating the application of the “public safety” as the staring point,teases the concept of the “public safety” in the criminal law,discusses the distinction with similar concepts,and finally discusses themeaning.Specifically,this article is divided into three parts:The first chapter is divided into two parts.The first part is illustrating about the abusing of “public safety” in the juridical practice with six cases.These cases illustrate three misunderstanding in the application of “public safety”:mistaking“public safety” equal with the public places;mistaking the not specific behavior object as harming “public safety”;working backwards the harmful results as harming“public safety”.The seconf part is the analysis of the causes of misuses of “public safety”.Arming this problem,this paper argues that it should be interpreted from three aspects: criminal policy,the principle of criminal law and the public opinion.The idea that regarding the criminal policy as the guiding ideology and the social effect as the ultimate goal influences the judiciary authorities' determination of the different cases.The principle of legality is not faithfully complied with and the idea of curbing a crime by penalty make the judiciary authorities convert the crime optionally and ignore the legal constitution.The public opinion which demanding of heavy punishment as an external cause,decides the case in some extent.Chapter two returns to the provisions of the criminal law,and explores the relationship between “public safety” and similar concepts and the meaning of the“public safety” in the provisions of criminal law.In terms of “public safety” and“public place”,the article considers that the former has the attributes of “time” and“human” and needs to combine the specific situation of the behavior.But the latter has the trait stably once it has many not specific people to work in it.“Public safety”is a more basic demand than “public order”,and the former focuses on “public” while the latter focuses more on “order”.At the same time,this chapter classify the crimes of the crime endangering public safety according to different standards to interpret the form of the “public safety” and the rights it infringed and narrow the field where“public safety” exist.Through the analysis of the crime of terrorist activities and the crime of violation of the broadcast and TV facilities and public telecommunication facilities,shows how it break the traditional meaning of “public safety”.The third chapter is the core of this article,which illustrate the meaning of the“public safety” on the basis of the refining of the contents of “public safety” in the provisions of the criminal law.In order to clarify the meaning of “public safety” the article divides the concept into two part:“public” and “security”.Considering the literal meaning of the text and protection purpose of criminal law and the link and coordination between the different chapter comprehensively,the “safety” in “public safety” only refers to the “human” life,health and the safety of the public and private property which closely related to human.“Public” is the key ti correctly understanding “public safety”.“Not specific” is the core concept of “public”,which including the non-specific object and non-specific criminal results.And the “most people” is its supplementary points.This two are combined,which exclude the view of “non-particular minority” and “certain majority”,to explain that the scope of the“human” protected by “public safety” is “non-specific majority”.That means “public safety” refers to the life and health of the “non-specific majority” and the safety of the public and private property which closely related to human.Meanwhile,the article argues that the nature of the so-called “non-specific majority” is the randomness and sociality of its members.