Research On The Identification Of "sufficient" Dangerous Crime

With the rapid development of science and technology,the standard and quality of social life continue to improve,at the same time,the uncertain risks and unstable factors in the society also increase correspondingly.The early legislative model of the main type of criminal law intervention has become an important way to protect legal interests in advance.The "enough to" type of dangerous crime in the criminal law refers to the situation in which the criminal law stipulates that the behavior is "enough to" to cause a certain danger to constitute a crime,that is,the crime of destroying means of transportation,the crime of destroying transportation facilities,and the crime of destroying transportation facilities,production and sales that do not meet safety standards.Food crimes,crimes of producing and selling substandard medical equipment,crimes of illegally collecting and supplying blood,making and supplying blood products,and crimes of obstructing drug management.The traditional theory of dangerous crimes only determines that the crime belongs to concrete potential damage offense based on the formal standard of "enough to...dangerous",requiring that only when the behavior causes a specific and urgent dangerous state can a crime be constituted.Defining "enough to" dangerous criminals with concrete potential damage offense leads to theoretical contradictions and practical disadvantages.Although my country has stipulated the application of the "enough to" clause in the judicial interpretation,there are still differences in the identification of "enough to" dangerous crimes in practice.The above-mentioned problems in the identification process of "enough to" dangerous crimes stem from a one-sided understanding of the legal interest connotation of "enough to" dangerous crimes,the failure of the "enough to" normative evaluation function,and insufficient judgment of dangerous behaviors.In order to solve the differences in theory and the problems existing in judicial practice of "enough to" dangerous crime,this paper draws on the quasi-abstract potential damage offense theory for theoretical response.As an intermediate form between concrete potential damage offense and abstract potential damage offense,quasi-abstract potential damage offense can effectively improve the judicial organ’s correct grasp of the connotation of "enough to" dangerous crime.Secondly,the quasi-abstract potential damage offense theory reinterprets the connotation of "enough to" clause,and improves the judiciaries correct evaluation of the normative purpose of "enough to" dangerous crime.Finally,the paper puts forward the specific judgment criteria of "enough to" type dangerous crime.In addition to the introduction and conclusion,the thesis is divided into five chapters:The first chapter is an overview of "enough to" type of dangerous crime.This chapter mainly analyzes the connotation of dangerous crime,the concept of "enough to" type of dangerous crime and the dispute over the attribute of "enough to" type of dangerous crime.The second chapter analyzes the dilemma of "enough to" dangerous crime identification and its causes,and summarizes the dilemma of "enough to" dangerous crime identification from the theoretical and judicial perspectives,and on the basis of this analysis,the cause of the "enough to" type of dangerous crime identification dilemma is analyzed.The third chapter advocates the quasi-abstract potential damage offense theory,firstly discusses the deficiency of the traditional dichotomy of dangerous crime.Secondly,it puts forward the theory of quasi-abstract potential damage offense and interprets it.Finally,it proves the necessity of the theory of quasi-abstract potential damage offense.The fourth chapter begins with the construction of quasi-abstract potential damage offense theory,discusses the difference between quasi-abstract potential damage offense,abstract potential damage offense and concrete potential damage offense,and analyzes the essence of quasi-abstract potential damage offense theory.Chapter five the reasonable application of "enough to" type of dangerous crime is firstly to determine the legal interests protected by each crime of "enough to" type of dangerous crime through the distribution of "enough to" type of dangerous crime in the criminal law.The second is to normalize "enough to" through the function of legal interest evaluation,"enough to" is the requirement of the dangerous attribute of behavior,and "enough to" is the distinguishing element of crime.Finally,it advocates that the risk attribute of behavior is the dual judgment of fact and value,the risk judgment standard should adopt the comprehensive judgment base,and the judgment time insist on the prior judgment and other specific judgment standards.