Research On The Expansive Application Of The Crime Of Endangering Public Safety By Dangerous Methods

The crime of endangering public safety by dangerous methods is placed in the first chapter of the crime of endangering public safety, indicating the legislative authorities take such crimes very seriously. In the beginning of the legislation, due to the complicated and ever changing nature of society, change crime methods with a lag of considerations, fearing of the Crime Law does not include new types of crimes endangering public safety occurring in reality, causing indulgence of such crimes. Therefore, the use of “other dangerous methods”as a all back of such provision increased the capacity of this crime legislation. Such legislations designed to crack down on the crime of endangering public safety has benefits, but also foreshadows the inadequate expansive use of the crime. In recent years, the use of the crime of endangering public safety by dangerous methods is increasingly high, whether it is social administration, traffic safety or food and drug safety field, this legislation is frequently used. The crime which include a wide variety of criminal behavior, like a pocket is used of load all kinds of crimes. Many causes of the judiciary inappropriate to expand the scope of this crime. But for whatever reason, such behavior is deviated from the principle of legality. To avoid the inadequate expansive use of the crime to applicable safeguard human rights violations. This paper is briefly discuss the crime of endangering public safety by dangerous methods, to define the concepts in this crime connotation and denotation, correct the wrong approach that the crime was improperly applied expansion approach.The full text of this article totaling 39,000 words, divided into four parts:The first part, review of the crime of endangering public safety by dangerous methods legislation origins, combing the crime on the basis of the Crime Law and judicial interpretation of the relevant provisions on the analysis of legislative value of this crime, and this crime currently exist are magnified by listing the applicable case raises issue.The second part, of the crime of endangering public safety by dangerous methods, rational analysis to explore the nature of this crime is broadly understood, the specific reasons for the proliferation of the applicable legislation there is a lack of consideration and the judiciary in the interpretation of this crime breach of the Crime Law interpretation logic and many other reasons, and explain the inappropriate application of this crime could magnify the harm consequences.The third part, of the problem with the current crime of endangering public safety by dangerous methods are magnified applicable, proposed to limit the application of this crime. From the theoretical point of view of the constituent elements of endangering public safety crimes in depth, both by nature and content to clear the “public safety”, the connotation and denotation, but on the nature of the process itself is inherently dangerous and should be interpreted similar rules to limit the angle of “other dangerous method”, and then the “dangerous state” criteria to refine, reduce the constituent elements of the crime of fuzzy components, and prevent theoretical uncertainty leads to expansion of the practice of this crime applicable, and from the principle of legality, to adapt the principles of criminal culpability, the criminal Law spirit of contraction of criminal law and interpretation of the rules in terms of restrictions applicable rationality interpretation.The fourth part, from the practice of social management to explore areas in the field of traffic safety, food and drug safety in the field and property rights have been identified related to the judgment of the case to the crime of endangering public safety by dangerous methods, and put forward from the perspective of the judiciary to avoid this crime are magnified applicable countermeasures.