Study On The Pocket Judicial Identification Of "Other Dangerous Methods" In Articles 114 And 115 Of Criminal Law

Social life changes rapidly,and the laws expressed in words cannot cover everything,and list all criminal acts.In practice,in order to cater to public opinion and give a serious blow to social risk events,it should have been applied as the undercover clause of Articles 114 and 115 of the Criminal Law as the undercover clause of the entire crime against public safety.Looking at the judicial practice in recent years,the application of "other dangerous methods" is very frequent.Specifically,citizens can see their lives in the fields of life,social management,and environmental resources.The high frequency of application and the wide scope of application are surprising,and there is no lack of wanton abuse.Affected by legislative techniques,"other dangerous methods" lack clear provisions in the criminal law.The limitations of legislative techniques have affected the application of "other dangerous methods" to a certain extent,but the reason for the pocketing in practice is mainly due to the deviation of relevant judicial personnel in understanding "public safety",misunderstandings in risk judgment and There is no uniformity in the choice of interpretation rules.To eliminate the phenomenon of pocketing and reasonably and effectively punish crimes,in practice,it is necessary to define "public safety" reasonably,pay attention to the social nature of "public",and place the life,health and major public and private property safety of most or unspecified people in within the scope of "public safety".Clarify the criteria for judging danger,based on the objective facts of the behavior,and comprehensively consider whether the behavior poses specific dangers with scientific causality.Through similar interpretation rules,based on the analysis of the equivalence of the behaviors of arson,water burst,explosion,and the release of dangerous substances,the "other dangerous methods" are restricted in nature and degree.By adopting this method of identification,the application of strict "other dangerous methods" can correctly distinguish between crime and non-crime,and between this crime and other crimes,and achieve a balanced crime.