Research On The Crime Of Endangering Public Safety By Dangerous Methods

The crime of endangering public safety by dangerous means,as a crime in the second chapter of the Criminal Law,has been criticized by academic circles for a long time,because of its wide application field and loose application conditions,and it is called "pocket crime".The crime is essentially a confession charge under Article114 and Article 115 of the Criminal Law,but because of the uncertainty of its crime,the openness of its constituent elements,and the ambiguity in the expression of legal provisions,the existence of the crime as a confession charge and its sub-provisions are other The accusations in the chapters are substantially different.However,since the "Criminal Law Amendment(3)" changed the crime of poisoning to the crime of throwing dangerous substances,Article 114 and Article 115 of the Criminal Law have not undergone any amendments.Instead,they have been sentenced to the crime of endangering public safety by dangerous methods.The charge is expressed as a new charge,and what's more,even if a charge that meets the constituent elements is applicable,the judicial organ still sentenced the defendant to the crime of endangering public safety by dangerous means.Since the 21 st century,our society has entered a risky society.Therefore,our requirements for social and life security are getting higher and higher,and the calls for the conviction of felony for behaviors that pose risks to public safety are becoming stronger and stronger,which ultimately leads to public opinion affecting judicial trials.This situation is not conducive to upholding the principle of legally prescribed crimes and punishments,nor is it conducive to the realization of the human rights protection function of the criminal law,and it is also detrimental to the status of judicial independent trials.Therefore,this article will analyze the application of the crime of endangering public safety by dangerous methods from three parts and put forward opinions.In the first part,this article will analyze the current situation and predicament of the crime of endangering public safety by dangerous methods.On the one hand,to sort out the current legislation of the crime of endangering public safety by dangerous methods,the focus is on the comparison of the new crimes before and after the amendment with the relevant precedents before the amendment.Secondly,it analyzes the harm of the current law and the current judicial trial to the attitude of the crime.In the second part,this article will analyze the causes of the crime of endangering public safety by dangerous methods.The reality of judicial trials and the lag of legislation have led to the misalignment of time between judicial and legislation.High law opinions and judicial interpretations have become the guidance for judicial trials.However,in reality,there are often situations where high law opinions and legislation are inconsistent,and judicial interpretations are not.Unified,the judicial judgment thinking of criminal system crime and the influence of public opinion on judicial independence have also become the expansion of the application of this crime,making this crime a "pocket crime",and the root cause is the crime of endangering public safety in a dangerous way.Congenital defects of the content of the article.In the third part,this article will start with the convergence of legislation and justice,focusing on correcting the deviation of judicial practice judgments,and putting forward relevant opinions.The purpose is to limit the interpretation of the elements of the crime,and adhere to the principle and guarantee of the modest and restraining nature of the criminal law.The criminal law function of the defendant's human rights is to correct the congenital deficiencies of the crime in the form of amendments to achieve acquired perfection.