Expansion Crime Of Endangering Public Safety Applicable Empirical Investigation

In criminal law, and endangering public safety crime and arson, explosive offense, put dangerous substances belonging to the same statute, belong to the larger social harm and dangerous crime. Possible nor necessary criminal law all criminal means and methods are enumerated among the provisions, which use "other methods" sums expression. To the crime of endangering public safety is at the beginning of the establishment of the offense as "Criminal Law" Section 114 and 115 of the fallback provisions. However, due to judicial interpretation, the impact of court decisions, the crime was expanded to apply to "Criminal Law" The entire second chapter of fallback provisions in recent years, judicial practice has shown that the trend has also contributed to the crime of "endangering public safety " In recent years, frequently appear in public view, the application of this crime were convicted and punished in the field more and more, but criminal behavior is different, varied. From the road transport sector to areas of social life, until the field of public property for increasing the frequency of this crime, use more widely, the more tentacles stretch longer.The number of cases of public safety by dangerous methods is very large. To this end, 451 of endangering public safety cases on Layee as a case study, both of these cases are representative, but also with the verdict, allowing a more detailed study of the precise. Through the analysis of 451 case studies, found the following laws: the crime of endangering public safety expansion applies mainly in drunk driving, racing, driving "Pengci" release gas suicide, stealing manhole cover aspects, such as kangaroo grid There are other such illegal production and storage of flammable and explosive materials, interfere with normal driving, illegal mining(digging) and so on. These cases will be identified as the reason to the crime of endangering public safety, mainly because these behaviors are likely to pose a serious threat to the majority of people are not given the life, health, or public or private property, coupled with the media in such cases cause people to panic over reports, making requires the judiciary to punish the criminals of people; and in the administration of justice, the judicial officer crime of endangering public safety applicable in understanding the often error, the above reasons synthesis, resulting in endangering the crime of abuse of public safety.Appearing in judicial practice for these problems, mainly through the following points to solve: raise the level of judicial staff, make the judiciary staff to strictly abide by the principle of legality and accurate understanding of the applicable law section; strengthening our criminal legislation work, so that according to the law of judicial staff in dealing with cases emerging; extraterritorial law developed, perfect interpretation of China’s criminal justice; and finally to foster rational public opinion, public opinion for the crime of endangering public safety expansion applicable minimize the impact.