Research On The Application Of Justice For Crimes Of Endangering Public Safety By Dangerous Methods

In 1979,the "crime of endangering public safety by dangerous means" entered the public's field of vision with the beautiful vision of the legislator.As a preventive crime of "covering the bottom",the uncertainty and ambiguity of its constituent elements have been criticized by academia.Although the academic circle always adheres to the concept of restricting the application,even when it is arguing about its "existence and abolishment",the expanding application of this crime has met the public's demand for heavy punishment in a risky society.In this ever-changing era,new types of crimes are emerging one after another,the areas involved are showing continuous expansion,and the scope of application of this crime is gradually expanding.The reason is still a common problem in the academic circles-the identification of "dangerous methods" and the connotation of "public safety".It is not difficult to find out through a preliminary search on the China Judgment Documents website about this crime.While the upsurge of discussion in the theoretical circle gradually faded,the application of this crime showed a rapid growth trend and quickly extended to all areas of public life.The highrise buildings on the ground have brought the risk of throwing objects at high altitude,and the prevalence of vehicles has brought about a worrying traffic environment...At the same time,a considerable part of the judgments in the practice circle have simplified the process of reasoning and explanation applicable to this crime.The rigorous recognition by academia is in sharp contrast.As a result,it has created many chaos in judicial application such as "different judgments in the same case",and "heavier judgments in the same case".In order to be able to solve the real dilemma of the separation of theory and practice;the judicial application is not strict,it is necessary to establish a sound case review and supervision mechanism,organically integrate theorists and practical workers,and seek this crime in continuous joint discussions.Applicable rationalization way out.