On The Danger Of Dangerous Crime And Its Judgment

Dangerous crimes as a special type of crime,the criminal law is based on the complexity of the dangerous behavior of social law benefits made by front protection regulation,and the risk of dangerous crimes as core elements of dangerous crimes,the legislative basis,is not only dangerous crimes also reveals the essential risk of into sin,therefore,to clarify the issues related to research its property to dangerous crimes play a crucial role.However,there are different arguments about the nature of the danger of dangerous crime in domestic and foreign theories.No matter whether the "danger" is the danger of the act or the danger of the result,it cannot be adapted to the criminal law system of our country to get the corresponding support.To this,this paper argues that the dangerous crimes stipulated in the criminal law in our country the constitutive requirements of cognizance and value judgment is combined with the fact that the two aspects,namely the risk of dangerous crimes should not only reflect the quilt is harmful behavior danger caused by the infringement of the state,but also reflects the harm behavior has the dual nature of the possibility of legal interests violation,and implementation level and value level are in conflict,should give priority to with the fact judgment.Thus,in this paper,the nature of the dangerous respectively for deliberately risk and the risk of negligence and specific danger and the danger of abstract analysis,different types of fact of the risk level and the value level of objective truth is that there is a difference,and the specific dangerous crimes and the characteristics and problems of the abstract dangerous crimes range is different,therefore,the risk of dangerous crimes is necessary to distinguish between completely.In addition,in China's judicial practice,there is often confusion between the identification of concrete dangerous crime and abstract dangerous crime,so that the behavior of the actor cannot be accurately qualitative,resulting in the abstraction of the judicial identification of concrete dangerous crime and the improper expansion of the scope of punishment for abstract dangerous crime.However,concrete dangerous crime and abstract dangerous crime are two types of dangerous crime,and the harm behavior of concrete dangerous crime should be judged whether the harm behavior has serious social harm by combining the objective facts at a proper time.However,the harmful behavior of abstract dangerous crime can reflect the serious social harmfulness by itself.However,while considering that the behavior must conform to the provisions of the criminal law,it still needs to measure the nature of the legal interest that the behavior may infringe and the subjective factors of the actor.Study the related issues of dangerous crimes,the crime will inevitably involves the dangerous crimes configuration problem,and dangerous crimes as an independent crime types,since there is accomplished crime,crime unfinished form should be the possibility of existence,just,the provision of a dangerous crimes form because of the small social harmfulness,and this is impossible to produce its own the perilous state of the crime was established,so there is no dangerous crimes preparation form;As for the attempted form of dangerous crime,it is necessary to start from the fact level in the dual attributes of danger,consider whether its dangerous behavior has the possibility of producing dangerous state,and then judge whether the attempted form of dangerous crime is established in specific cases.Suspension form for dangerous crimes is mainly for the dangerous state,behavior person automatically remove risk behavior is suspend crime,the criticality of this already shows that the establishment of the dangerous crimes,but the offender in the behavior of subjective opposite but there may be a mistake,so the person automatically remove of the dangerous state should not treat as the same,should be particular case is particular analysis.