Research On The Crime Of Assisting Terrorist Activities And Its Legislative Perfection

There are different theories in the field of criminal law on the theoretical definition of "dangerous method",which also leads to the disunity in the identification standard of "dangerous method" in practice.This phenomenon directly expands the scope of application of "dangerous method",which leads to the most direct result that the crime of endangering public security by dangerous method is gradually pocketed.The expansion and application of "dangerous methods" will not only make citizens lose reasonable expectation of judicial practice,but also lead to the abuse of the crime of endangering public security by dangerous methods and the abnormal severity of sentencing.The expansion and application of "dangerous method" is closely related to the limitation of the provisions,the outbreak of social dangerous factors,the influence of the thought of heavy punishment and the influence of the guidance of public opinion.Legislators should not only adapt to the development of the society and cover new things,but also ensure the stability and adaptability of the law.Once the law is enacted,it will operate stably without changing orders constantly,so as to ensure the authority of the law.This is determined by the limitation of legislative technology itself.Therefore,it is impossible to enumerate and explain the "dangerous methods" one by one,and the legislator can only explain it by summarizing it,and this kind of interception description of crime with the nature of minimum guarantee has the stability of the provisions but also lacks the clarity required by the principle of criminal law.This is an important reason for the expansion and application of the "dangerous method" in practice.The judgment of "dangerous method" should not only clarify the object it infringes,that is,the scope of "public security",and clarify the relationship between the non-specific and the majority,but also comprehensively consider the inevitability,high urgency and danger equivalency of the harm consequences caused by the behavior.An act can only be regarded as this crime when it endangers "public security",that is,the personal and property safety of the non-specific majority."Unspecific person" and "majority person" must imply the potential danger that is difficult to control for the non-specific majority person before the result is determined,which needs to be judged according to the specific situation.The identification of dangerous method is not only controversial in the theoretical circle,but also exists the phenomenon of inconsistent application in judicial practice.In particular,there are different judgments in the same case,such as the determination of deliberate transmission of infectious diseases,the determination of throwing objects from high altitude,the determination of dangerous driving,and the determination of the determination of indiscriminate wounding.Whether the above behaviors can be identified as "dangerous methods" should be considered from two aspects: the subjective understanding of the doer and whether the behaviors pose serious threats to the life and property safety of the non-specific majority people.