On The Judicial Determination Of "Dangerous Method" In The Crime Of Endangering Public Security By Dangerous Method

The establishment of the crime of endangering public security by dangerous means establishes the criminal law regulation system of the crime type of endangering public security by dangerous means.However,because the behavior of this crime is only described as "other dangerous means",it leads to difficulties in the determination of its "dangerous means",which leads to judicial abuse and is included in the "pocket crime".In order to prevent judicial abuse,we should construct a set of logical,scientific and reasonable identification rules system for the "dangerous method" of this crime,and correct several behaviors related to public security and often identified as the "dangerous method" of this crime according to the identification rules,so as to guide the judicial practice to return the application of this crime to its standard,and at the same time,we should timely modify or improve it Relevant judicial interpretation and advocate judicial personnel to establish a correct judicial concept.The identification rule system of the "dangerous method" of this crime should be organically combined with the three conditions of "public safety(objectiveness)","equivalence" and "concrete danger",and form a progressive identification logic.At the same time,according to the "criminal law amendment(11)" and the "dangerous method" identification rules of this crime established in this paper,we should timely clean up and improve the snatching of the bus steering wheel or kicking the bus driver or high altitude Parabola and the private setting up of power grid are identified as "dangerous method" of this crime.In addition,in the specific judicial practice,criminal judicial personnel should thoroughly practice the principle of legality and firmly establish the spirit of modesty and objectivism of criminal law.