Abstract Danger Perpetrator Of The Border

Abstract Dangers,especially as pre-legislative measures adopted as the legal interests of criminal law protection,there are always controversies about the setting of the existing boundary between academic exoteric and administration of justice.Adaptation of crime and punishment is the basic principle of punishment,punishment of any wrongdoing must be punished with sufficient and legitimate reasons.Abstract Dangerous criminals,as a result that does not need real harm,only exists the possibility of infringement of legal interests,which is regulated by criminal law.It must clarify its boundaries and avoid its unreasonable expansibility so as to protect legal interests and give consideration to both Human rights protection function of criminal law.The author aims to study the boundaries of abstract dangerous criminals,to distinguish between abstract dangerous criminals and other criminal law concepts.This article is mainly divided into four parts.In the first part,the typical abstract danger is dangerous driving dangerous crimes.In the judicial practice initiated by the case,the Supreme Court,the Supreme Procurator ate,and Public Security Ministry controversy over whether drunk driving is all in the penalties,and then whether the controversy over whether the crime can be applied in the criminal law circle and the subjective crime of the crime.The second part is the abstract elements of dangerous crimes.Subjective elements,that is,the determination of subjective crimes of abstract dangerous criminals-this is mainly a discussion of the existence of negligence of dangerous offenders.It is also the combing of subjective criminal offenses on the borders of abstract dangerous offenders;objective elements constitute objective elements for abstract dangerous offenders.The study will involve an important means of crime-that is,anti-evidence.These problems will be analyzed through the analysis of the abstract constitutional elements of dangerous crimes to explore whether the counter-argument can be a crime mechanism for abstract dangerous crimes.The third part explores the borders of abstract dangerous criminals.First of all,clarify the conflict between the abstract dangerous criminals and the concept of legal interests;secondly,distinguish between abstract dangerous criminals and attempted criminals.This section explores the outline of abstract dangerous criminals from the outside by exploring the relationship between abstract dangerous criminals and other criminal law concepts.In the fourth part,the relationship between the "Prohibition" of Article 13 of the Criminal Law and abstract dangerous criminals.Similar to the counter-evidence,the relationship between the "supra" and abstract dangerous offenders is also intended to find out the mechanism of their crimes,that is,to limit the margins of abstract dangerous offenders.If we say that border conflicts and constituent elements are the determination of borders for abstract dangerous criminals from the front,and the crime mechanism is to study the boundary of abstract dangerous criminals from the negative side.