The Study Of Several Problems Of The Crime Of Endangering Public Security With The Dangerous Method

According to Chinese Criminal Law Article114and Article115, the crime ofendangering public safety, refers to the deliberate use of fire, water, blast, placing dangeroussubstances and other methods of significant risk, acts of endangering public security.But it isprecisely because of the crime of endangering public safety in the legislative generality andvagueness, the judiciary is easy to produce too broad interpretation of the use of this crime,the crime in the judicial practice to exist in his sin confusion and improper extendphenomenon, which not only has the analogy too, too violate the principle of legality. Thispaper analyses the related problems of crime of endangering public safety with dangerous,puts forward some viewpoints and suggestions, in order to enrich the related research on thiscrime.This paper is divided into four parts. The first part is leading to crime of endangeringpublic safety in a dangerous method, through the comparison of two cases among differentjudgments, some problems needed to research: how the nature? What is " public safety "?What is " dangerous "? Both should be how to define correctly? To illustrate the importanceand necessity of the crime.The second part is an overview about the crime of endangering public safety. This partfirst carries on the elaboration to the crime of endangering public safety in the legislativehistory and value, demonstrated the rationality of the charges of existence. After that, carrieson the analysis to the nature of the crime, in order from the nature of the crime to grasp.Finally, several basic concepts in the crime of endangering public safety are defined, namelythe understanding of " public security " and " other dangerous means " meaning, thusthoroughly understanding of this crime.The third part is the application of the expansion of the phenomenon, starting from theexpansion of application performance, analysis of the reasons for the expansion, alsoappeared on this situation assessment.The last part of the crime of endangering public safety limits, the first analysis of thecrime and his crime, then some of the " new dangerous method " appeared in judicial practicein recent years were reviewed, the last of the crime of restrictions apply to put forward some suggestions, in order to provide some useful reference for the judicial practice.