The Research On The "Other Dangerous Methods" In The Crime Of Endangering Public Safety By Dangerous Methods

The "other dangerous methods" in the crime of endangering public safety by dangerous methods are stipulated in the first two articles of the Criminal Law Sub-rule Chapter 2,which endanger public safety,with arson,explosion,water and poisonous,radioactive,infectious disease pathogens,etc.The behavior of substances(hereinafter referred to as dangerous substances)is juxtaposed.The original intention of legislation is to remedy for the shortcomings of crimes that endanger public safety that are of the same nature as the above-mentioned acts.However,the "other dangerous methods" themselves are an open concept,in the absence of necessary qualifications.There are several practical controversies:Firstly,"other dangerous methods" should be to what degree of "hazardousness";Secondly,"other dangerous methods" should jeopardize to what extent of "public safety";Thirdly,what kind of "social danger" should be formed by "other dangerous methods".Currently,there are a large number of disputes in the actual case that do not specifically analyze the above-mentioned disputes.Instead,the application of the "other dangerous methods" to determine the above-mentioned crimes is too broad,which leads to the continuous expansion of the crime in the current law,presenting the trend of exporting bags.This paper will mainly focus on Wang Moumou’s case of dangerous public safety and Zhao Moumou’s intentional homicide.Moreover,it will combine the judgment results in similar cases such as Qian Moumou’s arson case in order to analyze the specific problems in the "other dangerous methods" identified by the judicial adjudication and propose corresponding solutions: By strictly requiring "dangerous sufficiency" to avoid the massive absorption of general criminal behavior;by strictly limiting the scope of "public security" to reduce the specific targets targeted by such crimes;by rigorously determining specific risks,to raise the threshold for crime.In addition to the filling of loopholes in legislation and the improvement of relevant judicial interpretations,criminal justice should adhere to the principle of criminal law and the spirit of cautious punishment,strictly determining the boundaries between this crime and other related crimes,and also avoid relaxing the evaluation criteria for "other dangerous methods" improperly because of the purse of the punishment for severe punishment.