On The Restrict Application Of The Crime Of Endangering Public Safety By Dangerous Means In Road Traffic

At the beginning,the crime of endangering public security by dangerous means was almost ignored.Now,this crime has been reduced to the "provision for the bottom" in the second chapter of the special provisions of criminal law,which shows the expansion and application status of "attack from all sides" in judicial practice.Of the many fields in which the crime of endangering public safety by dangerous means has been widely applied,the field of road traffic is the one in which the expansion is the most prominent and the most closely related to the daily life of the general public.Statistics released on the official website of the Traffic Management Bureau of the Ministry of Public Security show that in 2020,the number of motor vehicles in China reached 372 million,among which 281 million were cars,33 cars per 100 households on average.In 2020,the number of traffic accidents in China was250,355,and 65,000 people died in traffic accidents.The crime of endangering public security by dangerous means is the second major crime in the field of road traffic in China after the crime of causing traffic accidents.The crime of endangering public security by dangerous means,which belongs to the category of intentional crime,plays a pivotal role in the field of road traffic.It improves the setting of the charge system in the field of road traffic,realizes the original legislative intention of "guilty can be punished" in this field,and maintains a certain social order.But it should be pointed out that,while it brings such a positive value,also produced many negative value,first of all,whether it is a crime of endangering public security with dangerous method of crime itself or endangering public security with dangerous method in the field of our country road traffic of intentional crimes,are completely deviated from the principle of a legally prescribed punishment for a spirit.Second,the judicial organs of the crime of endangering public security with dangerous method,to understand and apply for the judicial practice in cases involving the crime of endangering public security with dangerous method in the crime and not crime,this crime and crime,swaying back and forth between misdemeanor and felony,connection with different sentence,connection with different punishment,and so on and so forth are common,it seriously affected the law’s authority and trampled on the rights of citizens.Admittedly,endangering public security with dangerous method has played a lot of positive value,but it did bring about such risks and hazards can not be offset,the crime of endangering public security with dangerous method in the field of road traffic is the abuse of judicial present,only limit the crime of endangering public security with dangerous method in judicial application in the field of road traffic,Only in this way can the current abuse situation of the crime of endangering public security by dangerous means be solved from the root,so that the crime of endangering public security by dangerous means can better play its positive value in the field of road traffic.This paper is divided into three parts.The first part is about the expansion and application of the crime of endangering public safety by dangerous means in the field of road traffic and the existing problems.The author through to the road traffic areas between 2016 and 2020 for endangering public security with dangerous method of case summary and analysis of data and generalize the development trend of the crime of endangering public security with dangerous method,scope of application,and then combined with the typical cases to compare and analysis,found that the crime of endangering public security with dangerous method in the application of concrete problems.The second part is the cause analysis of the crime of endangering public safety by dangerous means in the field of road traffic.Author expansion for the problem of a few of the delve into crime of endangering public security with dangerous method apply in judicial practice by expansion and the abuse of reason,the concrete from wrong grasp of the component elements of this crime in judicial practice,the influence of people long thought and the supervision of the lack of specific applicable for this crime in the judicial practice three Angle analysis and argument.The third part is the restricted applicable path of the crime of endangering public safety by dangerous means in the field of road traffic.The author first endangering public security with dangerous method in the field of road traffic restrictions for this paper,the necessity of the second expansion according to the crime of endangering public security with dangerous method applicable causes targeted put forward the path of restrictions apply,including six aspects,one is the judicial organs shall,in principle of a legally prescribed punishment and the austerity of criminal law under the guidance of principle,In the process of applying the crime of endangering public security by dangerous means,this crime is limited to explain,strictly and accurately grasp the constitutive elements of this crime,and carefully apply the crime of endangering public security by dangerous means;Second,timely issue judicial interpretation to clarify the vague concept of the crime of endangering public security by dangerous means,and unify the applicable standards of the crime of endangering public security by dangerous means in the field of road traffic;Third,the Supreme People’s Court should timely issue guiding cases to guide the lower people’s courts to reach a unified identification standard and thinking on the application of the crime of endangering public safety by dangerous means in the field of road traffic;Fourth,we should improve the compulsory retrieval mechanism for similar cases,make full use of judicial big data to realize the correct and unified application of the crime of endangering public security by dangerous means,and truly achieve "the same case with the same sentence" and impartial justice.Fifth,the judicial organs should adhere to the principle of independent trial,to avoid the interference of other factors on the trial of the case;Sixth,improve the supervision on the specific application of the crime of endangering public security by dangerous means,realize the accurate application of the crime through supervision,and reduce the abuse of the crime in judicial practice.