Research On The Excessive Application Of The Crime Of Endangering Public Safety By Dangerous Methods

Since the beginning of the 21 st century,while the rapid development of society and economy has brought convenience to people's lives,it has also added many new risks.Due to the inherent limitations of the law,some new types of harmful behaviors cannot be regulated by them.Therefore,legislators set out pocket rules to provide general provisions for unforeseen issues in legislation.The crime of endangering public safety by dangerous methods is necessary as an excuse for Articles 114 and 115 of the Criminal Law.In terms of legislation,it is conducive to tight criminal law network,reserve space for amendment of criminal law,and coordinate the relationship between the stability and adaptability of criminal law.Judicially,it is conducive to judges to exercise discretion to achieve individual case justice.However,there are also some disadvantages in the setting of this crime.At the legislative level,due to the setting of blank guilt + leaking provisions,its connotation is vague and its extension is broad,which increases the risk of "rule by man" in criminal law,and does not correspond to the attributes of the safeguard law of Criminal Law;At the judicial level,this crime is easily to be overused,breeding judicial corruption,and affecting judicial credit.This article mainly analyzes the problem of excessive application of this crime from three parts.The first part analyzes the current situation of the excessive application of this crime and points out the manifestation and harm of the excessive application of this crime.The guilt of endangering public safety by dangerous methods is simple.The criminal law theory has different understandings of the meaning of "other dangerous methods" and "public safety" in the guilt,which leads to the punishment of innocent people and over-punishment in judicial practice.The first part of this article analyzes the typical cases of excessive application of this crime,and sorts out the high incidence areas of excessive application of this crime is road traffic,food safety,and public places.Through the analysis of the excessive application of this crime,it is concluded that the excessive application of this crime will have an impact on the legal principle of criminal punishment and confuse national values.The second part of this article mainly discusses the cause of the excessive application of this crime.It mainly starts from the differences in understanding of criminal law theory and the inherent inadequacies of the pocketbook clauses.With regard to the new types of harmful behaviors that have recently emerged in society and are not provided for in criminal law,driven by public opinion,judicial officers are extremely vulnerable to the concept of severe punishment.They do not pay attention to the specific dangers of harmful behaviors and apply this crime blindly.In practice,a large number of the same cases with different results and over-punishment,which are not in line with the principle of restraint in criminal law and the nature of safeguard law.In addition,the provisions of this crime are inherently inadequate.As mentioned earlier,it adopts a legislative approach of blank guilt + plug-in clauses,which leads to excessively broad behavior in practice.Referees often condemn the consequences that endanger public safety Standards,which do not focus on adopting a method of homogeneous interpretation to limit their dangerous methods,which must have the same attributes as fire,water,and explosion.The third part of this article mainly discusses how to regulate the application of this crime The discussion is mainly carried out from the aspects of timely updating the judicial idea,refining the norms of the determination of the crime,strictly explaining the constituent elements of the crime,and accelerating the formation of the jurisprudence system in the judiciary,and put forward corresponding solutions to the problem of overapplication.In order to provide some meager help for the judicial application of this crime.