Study On The Dangerous Method In The Crime Of Endangering Public Security By Dangerous Method

The establishment of crime of endangering public security with dangerous method is to improve the system of criminal law,but because of its uncertainty,crime stipulated in the judicial practice,the application is beyond the scope of this crime,to expand into other field of crime,so that the punishment in violation of the principle of a legally prescribed punishment of the criminal law as well as in different sentence connection with the difficulties encountered in the judicial practice,leading to the become the out terms of the crime of endangering public security,gradually become the whole in the judicial practice.The purpose of this paper is to explore the formal requirement of "other dangerous methods" in this crime,to discuss the controversy of this requirement in the academic and to put forward my own point of view.This paper includes the following contents:First of all,the author believes that whether the crime violates the specific provisions of the criminal law in its application is positive,which is also the reason why the crime has become a pocket crime.Next,the author explores the nature of the dangerous crime and affirms the essential attribute of the specific dangerous crime.The author makes clear the scope of public security of the object of this crime and sorts out the identification disputes between "non-specific" and "majority".The author thinks that the scope of public security should include "non-specific majority" and "specific majority",excluding "specific minority".And,there are several different theories about how to define the constituent elements of "dangerous method" in the academic circle,namely the theory of essential equivalence,the standard theory of "equivalence" of danger,and the double standard theory of nature and degree.The author supports the third theory.Second method in this paper,the risk of two important concepts: danger is sex and judgment of the dangerous state,the author thinks that risk is quite sex not only reflected in the severity of the damage to public safety,and the requirements for the dangerous nature of the behavior itself with fire,explosion,etc have equality,one-time characteristics of implementation,the degree of risk behavior can only be than ever.The following article explains the concept of "other" in other dangerous methods with several explanatory methods.The standard of dangerous method identification is not unified,the scope of application is expanded,there are various reasons,this paper from the legislation,the judiciary,the application of charges,public opinion and the traditional thought of heavy punishment these aspects trace back to the source,analyzes the causes of its identification confusion.In everyday life,there are a variety of typical risk behavior,whether these dangerous behavior can constitute the crime of endangering public security with dangerous method "dangerous method",in judicial practice,even in the face of the same risk behavior,also often appear different connection with the sentence,identifying difficult phenomenon,this paper enumerates the controversial larger driving racketeer ACTS,dangerous driving behavior,kangaroo grid behavior,and this year's new coronary pneumonia in several transmission risk behavior,the author thinks that in practice should fully grasp the key facts in the case,especially involves the elements of risk to public safety and behavior more judgment,Comprehensive analysis of the dangerous nature of the behavior.