A Case Study On The Judgment Of The Crime Of Endangering Public Safety By Dangerous Methods

Most of the crimes stipulated in the criminal law adopt the "enumeration +generalization" model,and the more typical crime is the crime of endangering public safety by dangerous methods.The academic circles generally believe that the crime of endangering public safety by dangerous methods is pocket-like,and this has caused many problems in judicial practice.Therefore,in judicial practice,how to define the crime of endangering public safety by dangerous methods has become a problem that needs to be solved urgently.First of all,using Internet big data technology to retrieve all the criminal judgment cases of the crime of endangering public safety by dangerous methods in Anhui Province from 2015 to 2020.An empirical analysis of these judgment cases reveals that the crime is applied in Anhui Province with a high rate of probation,and the content of the judgment in the judgment is insufficient.Secondly,through the inductive analysis of the collected criminal judgment cases,it is found that the crime has unreasonable expansion of the scope of application and the inconsistent sentencing of similar cases in the judgment case,and analyzed the reasons that affect these problems are: first,The judicial identification of other dangerous methods is vague;second,the judgment standards on public safety are inconsistent;third,the relevant criminal judicial guidance is not clear;fourth,it is greatly affected by public opinion.Finally,in view of the problems and causes of the crime in the judgment case,it elaborates the applicable suggestions for the crime: first,implement the judicial application of the principle of statutory crimes and punishments;second,strengthen the rationality of criminal judicial judgment documents;third,limit relevant legal elements;fourth,improve relevant criminal judicial guidance;fifth,handle public affairs well the relationship between public opinion and judicial decisions.