Research On The "Dangerous Method" In The Crime Of Endangering Public Security By Dangerous Method

The crime of endangering public security by dangerous method has been criticized in the field of criminal jurisprudence because of its considerable randomness and ambiguity in the concept of "dangerous method".Article 114 of the criminal law referred to this in the phrase "other dangerous methods",which brought many problems to judicial practice.Whether the behavior adopted in the execution of a crime is a "dangerous method" is the key to the incrimination.If the act is not a dangerous method within the meaning of the crime,the application of the crime shall be excluded and other charges shall be applied according to the circumstances.Aiming at the concept of dangerous method,combining with the relevant provisions of the criminal law,this paper analyzes the concept and type of this crime,and interprets the elements of its criminal constitution.At the same time,the concept of public security is defined,the scope of public security in this crime is defined,and the property security and other social public security are discussed.These social security do not belong to the regulation scope of this crime.Simple property security does not belong to the object to be protected by this crime.As for other types of social security,the criminal law has special charges to be regulated,which is not suitable for the crime of endangering public security by dangerous methods.This crime shall be applied to the cases in the above practice,such as the acts of setting up the power grid,drunk driving,road racketeer,etc.,if the acts have an impact on social public safety;If the act is committed in a private domain and the actor has no intent to endanger public safety,the crime of negligently causing serious injury or death should be considered.The difference between this crime and the crime of intentional homicide and the crime of causing death by negligence is analyzed.When applying this crime,we should first consider whether the public security is violated.The method of danger has comparability,specific danger,generality and human nature.These four basic characteristics are summarized from four typical behaviors.Criminal acts must have the above characteristics to be applicable to this crime.At the same time,three criteria should be followed when judging whether it is a dangerous method,that is,the social criterion,the realistic criterion and the severity criterion.In addition,according to the current judicial interpretation,the crime of throwing objects from height or the crime of intentionalinjury or murder should be considered according to the circumstances.This crime or the crime of obstructing the prevention and treatment of infectious diseases shall apply to ACTS of intentional spreading of epidemic diseases.