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

Posted on:2021-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2416330629950990Subject:legal
Abstract/Summary:PDF Full Text Request
In the context of the new era,with the new situation and new problems brought about by social upgrading,the crime of endangering public safety with dangerous methods is frequently awakened in judicial practice,and a new vitality has burst out.Although the judiciary has become more and more skilled and smooth in applying dangerous methods of endangering public safety,it does not mean that the issue of the ambiguity of “other dangerous methods” in the crime has been resolved,nor does it mean that the general public Having accepted this regulatory thinking and rule of law effect,it does not mean that the future of “other dangerous methods” is bright.On the contrary,we should affirm the contribution of the crime of endangering public safety with dangerous methods in filling the legal loopholes and severely punish crimes,and strengthen the research on “other dangerous methods” in the crime of endangering public safety with dangerous methods,combined with the current Social form and judicial environment,grasp the essential characteristics of “other dangerous methods”,and constantly improve the identification standards of “other dangerous methods”,so as to fundamentally limit the inappropriate expansion of “other dangerous methods”.In order to further clarify and standardize the determination of “other dangerous methods”in the crime of endangering public safety with dangerous methods,first of all,the author has determined the definition standard of “other dangerous methods”,namely the homogeneity,equivalence and practical possibility of “danger”.The homogeneity of “dangerous” means that the dangerous behavior should be the behavior that endangers public safety in the same way as the methods of arson,flooding,explosion,and the delivery of dangerous substances.“Dangerous”equivalence refers to the extent to which dangerous behavior is sufficient to cause serious consequences.The realistic possibility of “danger”refers to the fact that when dangerous behavior occurs,it has realistic conditions that cause serious harm or urgent danger.With the help of empirical analysis,the author has classified the “other dangerous methods” in the judicial practice jurisprudence in recent years,including four types of high-altitude parabolic behavior,traffic safety endangering behavior,flammable and explosive behavior and other dangerous behaviors.At the same time,the author also analyzed the dangerous methods of refusing to cooperate and carrying out epidemic prevention and control.Secondly,the author also pointed out the performance of the expansion and application of “other dangerous methods”from two aspects and explained them separately.First,it clarified the inappropriateexpansion and application of “other dangerous methods” in judicial practice by listing specific practical precedents.Performance,the second is to explain the expansion and application of“other dangerous methods” in judicial interpretation by interpreting relevant judicial interpretations and guidance.Finally,on the basis of comprehensively grasping the internal and external causes that lead to the expansion and application of “other dangerous methods”,to solve this problem,the author bases on the principle of statutory punishment for crimes,by linking the statutory crimes of crime and punishment and restricting the function of judicial power The three directions of unifying the standard of establishing a crime,unifying the standard of defining this crime and other crimes,and appropriately separating certain “other dangerous methods” into separate crimes have opened up specific restrictive paths.In addition,the author also put forward a number of solutions from the perspective of judicial practice,including playing the guiding role of judicial interpretation,playing the guiding role of typical cases,and improving the practice quality of judges.Through the research and analysis of this article,with a view to standardizing the identification and application of “other dangerous methods”,alleviating the contradiction between it and the law of crime and punishment,and providing scientific theoretical basis and empirical guidance for judicial personnel,so that the crime can be more reasonable in judicial trial give full play to its role in protecting human rights and punishing crimes.
Keywords/Search Tags:other dangerous methods, empirical analysis, improper expansion, legal punishment
PDF Full Text Request
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