Study On The Identification Of "Dangerous Method" In The Crime Of Endangering Public Security By Dangerous Method

Because the crime of dangerous method endangering public security in our country belongs to simple crimes,among which "dangerous method" has general and fuzziness,the dangerous method is required to match the harm level of the behavior of setting fire,breaking water,exploding and releasing dangerous materials.This kind of situation leads to the crime with the bottom line,which makes the crime easy to be extended in the judicial determination process,which is not conducive to the protection of citizens’ basic rights.Therefore,the "dangerous method" in the crime of endangering public security by dangerous method is studied theoretically,seeking the essence of the dangerous method in the crime,providing scientific standards and basis for the identification of the crime,which is conducive to restricting the judge’s discretion in the judicial process.In addition to the introduction,the paper is divided into three parts,about 35,000 words.The first part states the legislative.This part aims to "take history as a mirror" and explore the future development path with the help of the development history and evolution process of this crime.The crime of endangering public security by dangerous means started from the Criminal Law in 1979.After the promulgation of the new Criminal Code in 1997,the elaboration of the Third Amendment to the Criminal Law and the indirect influence brought by the amendment to the Eleventh Amendment to the Criminal Law.In today’s risk society,pockets still need to be tightened further.The second part is the current situation of judicial.This part aims to summarize the common problems in the judicial application of this crime by analyzing the application of judicial cases and combining with the current disputes in the theoretical circle.At present,still has the problem of improper expansion,and the application field is more and more wide,the most widely used is the field of traffic.Through sorting out the judgment in various fields,it can be found that the common problems of this crime are mainly three aspects.First: the subjective guilt of this crime is not clear.Second: the identification of "public safety" in this crime is controversial.Third,the most prominent problem is that there is still no clear definition of the connotation and extension of the identification of "dangerous methods".The third part is the determination of dangerous methods and related problems.This part aims to define and analyze the problems raised in the second part in order to better guide judicial practice.The subjective standard of this crime should strictly judge that the doer has subjective intention to endanger public security by dangerous means,but cannot include "negligence".Objectively,the main problems still exist in the identification of "dangerous method" and the definition of "public safety" directed by "dangerous method".The "dangerous method" in this crime needs to meet the three conditions of "specific risk","behavior equivalence" and "result equivalence" at the same time,none of which is necessary."Public safety" should be considered to be the protection of the person,life,and personal or public property of an unspecified majority..