A Research On Crimes Of Endangering Public Safety With Dangerous Means

Because the Legislative technique has lag,there is no way to make specific provisions on the crime of endangering public safety. Therefore, the criminal law will take any general requirement. This caused a lot of controversy, this paper is intended to explore these controversial and put forward their point of view, the main content is divided into four parts:first,In my opinion using a general name can maintain the stability of the Penal Code, and scholars can make a detailed explanation as a supplement.Second, the public safety implications. I think that the public safety is specific or most people’s lives, health, and the major public and private property security, and civic life order smooth and peaceful. The public meaning is not specific or most people. Public safety includes a smooth and well-being of the order of life. The simple law of property interests not public safety. Third, the meaning of risk behaviors.First analysis of "other", I believe that the sin can exclude the objective aspect of the crime of arson, explosions, flooding and placing of dangerous substances in several dangerous behavior, while limited to these types of behavior quite dangerous areas, based on similar rules of interpretation, the crime of dangerous behavior is only114and115of the Penal Code fallback provision, rather than public safety, crime of fallback charges.Secondly we have to discuss dangerous situation. This article fairly considered dangerous should be interpreted with arson, explosions, flooding and put dangerous substances have a fairly high degree of harm, upon implementation is not specific or most people’s life, health and the major public and private property, there may be cause suffered significant losses.Again, this crime as a specific Dangerous Criminals should be based on the behavior of subjective and objective fact to synthesize determine whether the degree of risk enough to harm not specific or personal and property safety of the majority. Although not defined in the provisions "that would" endanger public safety, but from the point of view of suiting punishment is too broad, in order to effectively avoid the sin finds range, while avoiding overly broad judicial discretion judicial officers should be read in conjunction with behavioral implementation the specific facts and circumstances, in addition to the behavior when the objective environment to determine whether the act was reached "enough" to the extent of endangering public safety.Fourth, the article discusses the distinction between the crime of endangering public safety and other crimes in a dangerous way. Intentional homicide in a dangerous way, traffic crime, and private pull power grid and other behavior analysis.