On The Judicial Determination Of The Crime Of Endangering Public Safety By Dangerous Methods

In the context of a risk society,people 's sense of security has continued to decline with the occurrence of vicious cases,and various aspects of food,clothing,housing,transportation,etc.have also been increasingly threatened.The tendency of severely punishing dangerous offenders.In order to better protect the people,the crime of endangering public safety by dangerous methods appeared in front of the judicial organ.In order to achieve heavy punishment,it is regarded as the main crime,which leads to the determination of this crime in judicial practice is more arbitrary,so that it should be determined by other crimes,but it is finally determined as the main crime."Pocket Crime".In addition,this crime is also open in terms of its constituent elements,especially in the provisions of China's criminal law which is only expressed by "endangering public safety by other dangerous methods",which is a certain distance away from the clarity requirements of the legal principle of crime,Scholars also debated what is the "dangerous method" of this crime and how to define the scope of "public safety".As a result,the distinction between the crime and non-crime of this crime and the crime and the other crimes is blurred.When it comes to a dangerous method involving several crimes,it often involves implicated offenders,aggravated offenses,co-criminal offenses and imaginative competition Scholars also have different views on the issue of co-offending.Based on this,this article will accurately understand the crime composition of this crime based on the research of criminal law scholars,and then determine the crime and non-crime of this crime,this crime and other crimes,the cessation form,the number of crime forms in judicial practice Analyze the problem and give corresponding suggestions,and finally point out the difficulties and solutions in the legislative and judicial aspects of the determination of this crime.This article consists of the following four parts:The first part is the application status and identification basis of the crime of endangering public safety by dangerous methods.It is pointed out that the scope of application of this crime is constantly expanding,reflecting the tendency of "pocket crime",which requires us to combine the crime of this crime to prevent the improper application of this crime,and then to use the judicial interpretation and some guidance opinions that are often used in the judicial determination of this crime Summarize,and further point out that the use of the crime of endangering public safety with dangerous methods in judicial practice is not inappropriate;it gives a brief description of its existence and the lack of clarity and clarity,and proposes the introduction of judicial interpretation and guidance In the opinion,you can consider attaching a guide case to clarify the specific determination of this crime.The second part is to identify the characteristics of crimes that endanger public safety by dangerous methods.It is pointed out that the "other dangerous methods" of the objective aspect of this crime,the "public safety" of the criminal object,and the determination of intentional and negligent aspects of the subjective aspects of the crime will all have an important influence on whether to treat this crime,but in theory,there has been continuous debate,making this Crimes are prone to bias if they are not careful in judicial determination.Therefore,it is necessary to clarify the characteristics of the crime,and guide the judicial practice to accurately determine the crime.The third part is to identify the crimes of endangering public safety and other issues of crimes in a dangerous way It is pointed out that the crime and non-crime of this crime should start with the composition of the crime.Anything that does not meet any of the requirements of this crime should be excluded;for the difference between this crime and other crimes,we should pay attention to the crimes of traffic accidents among other crimes that endanger public safety.Distinguish from the crime of dangerous driving,and other crimes of non-infringement of public safety,should pay attention to crimes of infringement of personal rights(intentional homicide),crimes of property infringement(theft of a special property such as theft of a manhole cover,the crime of intentionally destroying property))To make a distinction,and to come up with suggestions for dealing with different situations through common regulations;finally,on the issue of the form of the number of crimes,the implicated offender,the aggravated offense,the statutory joint offense and the imaginary joint offense should be determined For one crime instead of several crimes,for implicated offenders and imaginary co-occurrence offenders,the statutory co-occurrence offenses,after clarifying the distinction between statutory co-occurrence co-operation and imaginary co-occurrence,lies in the constitution of the crime.Priority application,combined with the specific case,when the special law punishment is lighter and can not make the crime and punishment suitable,then apply the heavier common law,as for Article 115,paragraph 2,this article is not It is the result of Article 114 that aggravated offenses are compared with the theory of Accomplished Relations to point out the inadequacies of the Accomplished Relations Theory.It is more reasonable to compare the two and conclude that the Aggravated Offences Relations result.The fourth part is the predicament and way out of the crime of endangering public safety by dangerous methods.When an extremely bad case occurs,it will often attract the attention of public opinion and demand heavy punishment of the perpetrator.The law is general,abstract,and open to the essentials,so that the judiciary has a choice.Therefore,he often chooses the heavier crime in the choice of crime,and with the emergence of criminal methods,public safety suffers frequently for some frequent crimes.Severely harmful and bad behavior lacks the corresponding laws to regulate it,and ultimately has to be identified with this crime with a "pocket bottom" nature.Over time,this crime will not be expanded in judicial practice and its scope of application will become larger and larger;Due to the concept of criminalization,which is deeply rooted in the hearts of the people,the impact of criminal policy and the pressure of public opinion,the judiciary has to consider it when handling such cases,which has an impact on the accurate determination of this crime.This article also analyzes the above-mentioned legislative and judicial dilemmas,and gives a corresponding way out,with a view to helping this crime in the determination.