Applicative Chaotic Phenomena And Solution Study On The Crime Of Endangering Public Security By Dangerous Means

There has been a series of chaotic conditions in judicial application based on the crime of endangering public security by dangerous means, such as growingly broad range of application of the crime, diverse types of imputation, the phenomena of different judgment on same or similar cases emerging one after another, etc, which arouse eager attention of academic circle of criminal law with increase of discussion and study upon the crime. In order to solve applicative chaotic phenomena on the crime of endangering public security by dangerous means as well as offer effective advice of applicative conditions for the crime for judiciary, the essay adopts empirical study to explore status quo and causes of chaotic phenomena of the crime based on judiciary application with targeted solution advice. The essay could be divided into four categories except introduction and conclusion.Part I: An overview of the crime of endangering public security by dangerous means. It introduces legislation evolution of the crime and its nature. It has primary recognition on the application range of the crime by sorting and summarizing regulation about the crime in penal code, criminal amendment and judicial interpretation. It also clarifies the crime as concrete potential damage offense, which is the steppingstone for further discussion of application on the crime.Part II: Empirical investigation of the crime of endangering public security by dangerous means during judicial application, it adopts statistics analysis and comparison to research status quo of judicial application on the crime thoroughly. In the part of statistics analysis, mainly aiming at period during December 29, 2001 to January 31, 2016, there are 604 cases of the crime for statistics analysis. It illustrates specific situation of criminal justice application of the crime through distinct and intuitive statistics, which has five categories as follows: dangerous methods used in the crime, behavioral object of the crime, dangerous results of the crime, argumentative focus of the crime and situation of criminal arguments on the crime. In the part of comparison analysis, it demonstrates penalty of similar cases with the crime in the judicial practice by stating brief details in the case and types of penalty.Part III: Revelation of chaotic phenomena during the process of judicial application of the crime of endangering public security by dangerous means. It summarizes numerous and specific chaotic phenomena during the judicial application of the crime by analysis of empirical investigation, which could be mainly illustrated as six aspects as follows: overexpansion of application range for the crime, ambiguous standard to judicial determination against perpetrators' subjective crimes, obscure boundary of “other dangerous methods” stipulated in justice, lack of abundant reasoning of interests that protected by the law for affirmation that dangerous behaviors have endangering public security, various identification of preparation for the crime and badly discordance of sentence with similar the crime of cases, which further analyzes and discovers five reasons of chaotic phenomena in the process of judicial application of the crime as follows: firstly, legislation is lack of definite stipulation against “other dangerous methods” and “public security”; secondly, wrongful judicial interpretation and instructive suggestions lead judicial institution in a wrong way, thirdly, judicial institutions fail to discriminate over self-confidence with indirect intention;fourthly, judicial institutions have improper interpreted of the criminal policy of combining punishment with leniency; fifthly, judicial institutions have excessive catered to the public's appeals for penalty aggravation.Part IV: Suggestions for solutions for applicative chaotic phenomena of the crime of endangering public security by dangerous means. Based on revelation mentioned above that offers reasons of chaotic phenomena during the process of judicial application for the crime, it proposes suggestions of solving chaotic phenomena, which could mainly be divided into six categories: firstly, seriously implementing the criminal policy of combining punishment with leniency; secondly, clearly defining the fuzzy specification language; thirdly, reasonablely stipulating the normative documents of the crime; fourthly, discriminating over self-confidence with indirect intention accurately; fifthly, accurately affirming the incomplete form of the crime; sixthly, enhancing the work of reasoning to the judgment of the crime.