With Dangerous Method Of Endangering Public Security Related Issues Discussed In This Paper

Through the evolution of legislation, for the crime of endangering public safety investigation of theory study, practical application etc., show that our country to this crime legislation is not perfect, has not been unified theory point of view, constantly expanding the scope of application, is called "pocket crime". To accurately identify the crime, should first clear the crime belongs to the concrete dangerous crime in nature, in the form of crime at the same time to have the risk of dangerous quite realistic method and public safety of the two core elements. The "dangerous method" should be qualified in accordance with the same principles of interpretation, means behavior demands that the nature and extent of arson and other dangerous quite. "Public security" should be understood as not specified or the majority of people’s life, health and safety and the safety of public life. No specific and the majority of the people are parallel relation instead of defining relations, "non-specific" contains two meanings:one is the violation of the object and the possible consequences are not specific; two is the consequences is a real possibility at any time transfer to most other people. In judicial practice, identified "a dangerous method" and "public safety", should adhere to the unity of subjective and objective principle, focuses on the behavior of the objective aspect. At the same time, to accurately grasp the premise of constitution of crime, to clarify the many forms of crime is in the topic should have righteousness. If serious consequences to occur as the accomplished crime, then article 114th of the criminal law provisions of the situation should be attempted state of the crime. However, from the expression of inner link counts and see, both belonging relationship basic crime and aggravated consequence crime is more reasonable, and in the framework of basic crime discontinuance, attempted remains unfinished form. In practice, according to the relevant provisions of the general provisions of the criminal law, the risk analysis method in concrete with different development stages are fairly before, in order to determine the form of crime. The crime in judicial practice, expanding the application trend makes it is necessary to clear the applicable rules, three aspects from the strict interpretation of the constitution of crime, perfection of legislation and judicial unity, regulate the exercise of discretion of judges etc.. In the aspect of criminal constitution should adhere to the similar principles of interpretation, not arbitrary expansion explanation; in the legislation to improve legislation and judicial to make full use of judicial interpretation, the case guidance, strengthen to this kind of case guidance, ensure the uniform law enforcement; the exercise of judge discretion by judge professionalism, to improve strengthen the supervision of Ministry of inside and outside of the discretion of judge standard operation according to law, safeguard measures in the specification.