Research On The Application Of Harming Public Security Crime By Dangerous Methods

The crime of jeopardize public security by peril approach is a general crime,and the execution of this crime depends on arson and other acts.It is very difficult to exactitude define the constituent elements of this crime,but the scope and frequency of applying this crime in judicial practice are wide-ranging and high.If the application of this crime is consistent with the generally of a legitimacy prescribed chastisement for a detailed crime,this issue does not need to be discussed again,but some judgments of this crime infringe the generally of a legitimacy prescribed chastisement for a detailed crime.Some of the adjudicate,give penalty in accordance with guilt of this crime are accurate,which has significant consult meaning for improving legislation and standardizing the application of this crime in judicial practice.Some judgments do not specific ate application of this crime.The essential elements of the constitutive requirements of this crime-"public safety" and "other dangerous methods" have great controversial and problems in theoretical delimit,and there is no unified definition criterion.The inaccurate master of the basic elements of this crime by judicial officers,the effect of the ideology of severe punishment and the imprecise regulations of judicial interpretation all impinge the nonstandard application of this crime in judicial practice.Through the research on the judicial application of this crime,this article hopes to provide some help for standardizing the application of this crime.In the first chapter of the paper,elaborate the essential factor of this crime.Including the scope and content of public security,which is the object of crime of jeopardize public security by peril approach;Reasonable explanation of the types of "other hazardous methods";Explain the nature of this crime.In the second chapter of the thesis,through summarizing and sorting out the judicial cases,the author analyzed and studied the conviction of crime of jeopardize public security by peril approach for the acts of throwing objects from high altitude,falling objects,robbing the steering wheel of drivers,and continuous injuries,and further studied whether this crime has been accurately applied.The third chapter of the paper reveals the reasons why the crime of endangering public security by peril methods is not accurately applied in judicial practice.There are some reasons in legislation,judicial practice and social level for the judiciary not to apply this crime accurately to some cases.The fourth chapter of the thesis is the suggestion of standardizing and referencing the crime of jeopardize public security by peril approach.On the basis of the third chapter of the thesis,the author puts forward some suggestions on standardizing the application of this crime,including suggestions on legislation,judicial practice and social level.