The Restrictive Study On The Crime Of Endangering Public Safety By Dangerous Methods

When the crime of endangering public safety by dangerous methods gives blow in the social risk events, the clarity of the principle of a legally prescribed punishment for a specified crime is attacked by broad interpretation on criminal policy and the judiciary oppressed by public opinion. The nature of public is social nature, and the social nature is the collection of Individuality abstraction and generalization, but the majority is only an external manifestation of public, and the Intuitive description in quantity of public. The limited relationship on “unspecified majority” most accurate generalizes the nature of public, that is the abstractive collection of individual interests. The interpretation of “other” in the crime of endangering public safety by dangerous methods is optional in judicial application,which may lead to the inconsistency in judicial application, and the confusion of the interpretation.Meanwhile, the optional interpretation of “other” damages the certainty of the principle of legally prescribed punishment. The restraining of criminal law and the principle of legality require the essential restriction to the crime.The determination of “other” should be supplement of similar behaviors, which is independent on clear enumerated behaviors of 114 th article in criminal law,neither the supplement of concrete accusation in second chapter of special provisions of criminal law, nor the supplement of the special provisions of criminal law. At the same time, the connotation of “other” continuously shrinkages with the legislative progress, which is the requirements of the certainty of the principle of legally prescribed punishment. in order to solve the deficiency of blank description of dangerous method in legislation, we should both reveal the unity of qualitative elements and quantitative elements of dangerous method in legislation, and recognize the internal property and external characteristics of dangerous method in legislation. It is the key to realize the concretization of abstract legislation in order to change the legislative fuzzy. We should pay attention to guiding role of the judicial case, and establish the complete guidance mechanism of judicial case, which the crime of endangering public safety by dangerous methods copes with essential and unavoidable social risk.