Study On The Crime Of Endangering Public Security

The crime of endangering public security is of great danger to society,which does harm to public life,property and social stability.For the concept “the crime of endangering public security”,both criminal law and judicial interpretations has no clear definitions,but only some academic discussions.Different understandings directly leads to confused determinations to the same criminality in the practice.It is hard to distinguish the crime from non-crime and types of crime.Therefore,an accurate definition of "public security" is of great significance to judicial practice and combating crime in China.By analysis of its definitions in the academic field of criminal laws,this paper will make a redefinition in the sense of criminal law and make comparisons between the crime and other crimes with factors of public security.What’s more,based on the relevant legislation and judicial cases of the crime of endangering public security and its disadvantages in China as well as comparing to the advanced legislative experience around the world,some modifications and suggestions will be provided to improve the development of the society.This paper is composed of three parts:The first part is the introduction about the crime of endangering public security.This section clarifys different academic dispute on the crime and analyzes relevant factors about public security,pointing out the key to its non-specificity and comparing it between other crimes with public security.In the second proportion,it will discuss the current situation and problems of the crime of endangering public security.In the light of the criminal law legislation in China,this essay will point out the flowing current shortcomings,such as inaccurate definition of public security,disordered accusation system in the specific provisions and inadequate allocation of penalty.Based on current judicial situation,the paper will state following weaknesses,For many judicial officials,they cannot well catch its “non-specificity” and cannot correctly make use of criminal cases to be dealt with “justice tempered with mercy” in the judge.Some cases has poor judicial effects.Some have distinct understandings between the mass and the authority.Besides,strict or loose law enforcement will easily result in the unfair justice.The third portion is intended to perfect the crime against public security in China.On the basis of the legislative development in China and beyond,the final part will receive enlightenment and give advice about legislation,including a clear definition of the crimethrough amended criminal law or judicial interpretations,a proper accusation system by taking public security rights in the criminal law as the standard and a completed penalty deployment.The legislators are ought to improve their legal literacy,law enforcement and enhance the combination of social effects and judicial effects during the justice process,so as to build a secure and stable society ruled by law.