Research On Crimes Of Endangering Public Safety By Dangerous Mean

Because the applicable standard of the crime of endangering public security by dangerous means is vague,and there is no unified judicial interpretation of "public security","other dangerous methods" and "dangerous nature",the judge cannot clarify the applicable boundary of this crime when determining the facts,resulting in the proliferation of "pocket" phenomenon in judicial practice of this crime.The three constituent elements extracted after analyzing typical cases can play a role in limiting the application of this crime."Public safety" needs to be determined in conjunction with social legal interests to determine whether it constitutes significant personal and property losses;The "other dangerous methods" should use the considerable degree of harm possessed by behaviors such as arson,water bursting,explosion,and the release of hazardous substances as the criteria for judging the danger of the means,and should not use the harmful results caused by the behavior as the criteria for judging the danger of the means;The "nature of danger" should be judged in conjunction with the specific dangers arising from other charges of equal harmfulness in Articles 114 and 115 of the Criminal Law.By extracting the above three constituent elements,combining them to demonstrate the admission conditions of typical cases,the differences between this crime and similar crimes,and proposing improvement suggestions for the application of this crime,the applicable boundaries of the crime of endangering public safety through dangerous methods can be accurately standardized.