The Judicial Mystery And Solution Of Crimes Against Public Security By Dangerous Means

The "October 28 Bus Crash Case in Wanzhou,Chongqing" sounded the alarm again by the crime of endangering public security with dangerous methods.Moreover,the question about how to use this crime is applicable is also involved in this fight against the epidemic of "novel coronavirus".It can be said that a lot of perplexities about this crime have appeared in judicial practice,and the phenomena including the same crime with difference sentences,misdemeanor with heavy punishment and expansion of application are emerging endlessly.In judicial practice,not only the expansion of application of this crime appears,but also the subjective discussion about this crime in the aspect of reasoning is lacked.The trend of concept of "conviction as per penalty" is obvious.With the advent of risk society and the transformation of traditional criminal law to risk criminal law,this crime has been shifted into "pocket crime" fundamentally.As for the crime itself,the vagueness of constitutive elements has been always criticized by the scholars in the field of criminal jurisprudence.The criminal jurists have failed to reach a consensus on the understanding of "public security" and "other dangerous methods".The establishment of a uniform and clear standard of objective judgment is the key to the accurate application of this crime.The core of "public security" is "non-specificity" and the core of "dangerous methods" is "uncontrollability".Therefore,firstly,it is necessary to establish a judgment standard with "non-specificity" and "uncontrollability" as the constitutive elements,and unify the judicature and application.Secondly,judicial personnel shall set up a "fine" view of criminal law and refine the reasoning of documents especially the subjective basis and elaboration so as to make the execution of Article 115 of Criminal Law more objective and rational.Thirdly,the "situational judgment" mode shall be established and analysis shall be conducted with the thinking mode at the time of behaving.Fourthly,judicial personnel shall stick to the modestly restraining spirit of criminal law,avoid the position and deviation of the doctrine of severe punishment of "conviction as per penalty" and take the restriction on the expansion of the crime of endangering public security with dangerous methods as the guidance or basic train of thought.