Study On The Application Of The Limitation Of Crimes Endangering Public Security With Dangerous Methods

The crime of endangering the public security with dangerous methods is in the first place of the crime of endangering the public security of the second chapter of China’s criminal law,which is enough to prove its great social danger.Due to the generality and openness of the charge on the legislative,the judicial personnel makes too broad interpretation in the use of this crime,which is confused with other charges andon,leading to the improper expansion applicable phenomenon in the judicial practice.That violates the principle of legality,damaging the authority of the law directly.Starting from the development process of the crime of endangering the public security with dangerous methods,this paper studies the application of the limitation of the crime of endangering the public security with dangerous methods with some opinions and viewpoints of individuals.The first chapter is an overview of the crime of endangering the public security with dangerous methods.This part discusses the four constitutive requirements of the crime from the provisions of the law by describing the expansion of the accusation,and analysising the reasons to put forward to my own point of view in the end.The second chapter clearly defines the connotation and the nature of "public safety","dangerous state" and "dangerous method" which are the essential constituent elements of the crime of endangering the public security with dangerous methods.The third chapter,distinguishes the other charges,which are easily confused with the crime of endangering the public security with dangerous methods in practice,and analysis the behavior which are convicted of the crime of endangering the public security with dangerous methods in practice.The fourth chapter puts forward rational countermeasure from the legislative,judicial and social aspects,to restrict the application of the crimes endangering public security by dangerous ways.