The Identification Of Crime Of Endangering Public Security With Dangerous Method

It could be perceived that the identification of the crime of endangering public security with dangerous method is still quite unclear in the current practice of justice based on the analysis of several typical cases such as "Peng Ci case", the manhole cover theft case, Sun Weiming Drunk Driving Case and Lean Meat Powder Case.The imperfection of the Criminal Law itself, the loose of the judiciary in applicable charges and the impact of the Criminal Policies are the causes that resulted in such situation.According to the analysis on these issue, we must first adhere to the principle of legality in order to limit the inappropriate expansion of the crime of endangering public security with dangerous method; Meanwhile, criminal law is becoming an important tool of the ruling class for the control of social risk. However it may harm the civil rights if the risk of criminal law expands. Therefore the relationship between the principle of legality and the exception of risk society need to be well handled. In the risk society today, it helps the criminal law to develop in a more healthy and reasonable way if the relationship of the principle and the exception is well handled.Lastly, through the analysis on the identification standard of this crime, only by limiting from the constitution of a crime, can the application of this crime be more consistent with the original purpose.