On "Dangerous Methods" Of The Crime Of Endangering Public Security By Dangerous Methods

Endangering public security in a dangerous way,according to article one hundred and fourteen of the criminal law in 97,the one hundred and fifteenth regulation,mainly refers to the "other dangerous method" the crime of endangering public security,the "other dangerous method",according to the criminal law educational world of,need to fire,explosion,water,put in the dangerous substances have considerable risk.However,due to the relatively abstract legal provisions and the lack of concrete guidance,the boundary of this crime is not clear,and there is a risk of becoming a pocket crime.In present criminal judicial practice,has gradually appeared over the phenomenon of crime of endangering public security with dangerous method,there are some crime types are summarized into the scope of this crime,but these criminal types all can not meet the constitutive requirements of crime of endangering public security with dangerous method,such as high altitude parabolic and racketeer,most of the time will not break the charges,but in the practice of a one size fits all.Therefore,how to identify the dangerous method of this crime is of vital importance.Only by accurately defining the scope of this crime can we effectively avoid the abuse of this crime in judicial practice.This paper is divided into three parts,namely introduction,body and conclusion,among which the body is divided into three chapters.Introduction: It mainly introduces the historical background of the crime of endangering public security by dangerous means,as well as the research results of the current criminal law circle on the crime of dangerous means.This paper introduces the research methods,difficulties,value and significance of the research,as well as the structure of the paper.The first chapter of this paper mainly expounds the difficulties and reasons in the identification of dangerous methods in this crime.The difficulties in the identification mainly include the controversy on the definition of public safety,and whether the dangerous methods need to have the danger equivalency.If so,how to explain the danger equivalency?The main reasons for the predicament are the abstract regulations caused by legislation and the neglect of the identification standard of dangerous methods in practice.The second chapter of this paper is about the meaning of dangerous methods.The first is public security.Because dangerous methods must endanger public security,it is necessary to discuss the definition of public security.Secondly,the crime of endangering public security by dangerous means is a concrete dangerous crime rather than an abstract dangerous crime.The third is the behavior equivalent,refers to the dangerous method and arson,explosion,water and other homogeneous,the behavior itself is dangerous,the behavior has the high probability of making the dangerous state reality,and the behavior does not have the help of external factors can lead to the occurrence of harm results;The fourth is the result of the equivalent,mainly including dangerous methods need to have the risk of serious injury,death,behavior can be a one-time or a short time to cause harmful consequences,and behavior caused by the harmful consequences can quickly spread.The third chapter of this paper mainly studies the difficult problems in practice,such as throwing objects from high altitude,obstructing driving behavior,or violating the prevention and control of COVID-11,which are very common in reality.It is worth studying whether these situations constitute a danger method,which is conducive to the accurate identification of relevant cases in judicial practice.Conclusion: Briefly combing the content of this paper,reflecting on the deficiencies.