Research On The Judicial Cognizance Of The Crime Of Endangering Public Security By Dangerous Method

The crime of endangering public safety by dangerous means is a generalized crime prescribed by touted legal provisions in order to respond to the evolving criminal means and criminal methods in society.Due to the general nature of the legislative provisions,this crime has seen an expanding scope of application in judicial practice.The amendment to the Criminal Law(XI)added the crimes of obstructing safe driving and throwing objects from a height,and amended the crime of obstructing the prevention and control of infectious diseases,and in the specific judicial practice,the above three crimes repeatedly appear to be distinguished from this crime,which leads us to review and confirm the crime of endangering public safety by dangerous means,which has been called "pocket crime" by the academic community.This has led to the need to re-examine and confirm the many problems in the judicial determination of the crime of endangering public safety by dangerous means,which has been called a "pocket crime" by the academic community.In this paper,we take the crime involved in the amendment to the Criminal Law(XI)as a perspective,combining typical cases and theoretical views,and study the constitutive elements of this crime,the standard of attempt,and the situation of competing crimes.Firstly,by reflecting the controversial situation of the constituent elements of this crime and the crimes of obstructing safe driving,throwing objects from a height and obstructing the prevention and control of infectious diseases,the connotation and scope of "public security" and "dangerous methods" in the constituent elements of this crime are defined.Then,we will analyze the standard of attempt of this crime in judicial practice,and distinguish the standard of attempt of this crime from that of obstructing safe driving,throwing objects from a height,and obstructing infectious disease prevention and control;finally,we will analyze the competing crimes of this crime and obstructing safe driving,throwing objects from a height,and obstructing infectious disease prevention and control.