Research On The Tendency Of Severe Punishment Of The Crime Of Endangering Public Security By Dangerous Means And Its Legal Regulation

The crime of endangering public security by dangerous means is an important crime of public security in criminal law.At this stage,with the increasingly strong color of this crime,the application of this crime in judicial practice is also growing rapidly.In the judicial process,the tendency of severe punishment of judicial staff is more and more obvious: on the one hand,they habitually use the criminal law in the face of social governance problems;on the other hand,they focus on conviction and sentencing when they are involved in public security crimes of this crime.The author thinks that it is necessary to find an reasonable way to regulate the crime in time.The author mainly elaborate from the following four parts:In the first part,the author defines the concept of the crime of endangering public security by dangerous means and felony,and analyzes 1795 judgment documents from 2019 to 2020 and relevant judicial documents related to the crime.Through the analysis of the criminal behavior mode,harmful consequences,judgment results and other elements in the judgment,as well as the analysis of the judicial documents related to this crime in the fields of public health,traffic safety,food and drug safety,high-altitude safety and so on,we can jointly prove the tendency of severe punishment in the judicial application of this crime.In the second part,the author investigates the tendency of severe punishment of the crime of endangering public security by dangerous means.The author inspects novel coronavirus pneumonia practice during the special period of the new crown pneumonia,and interprets the leniency and severity criminal policy from two levels of substance and procedure.The author rethinks the relationship between the two from the perspective of social effect.And the tendency of heavy punishment will be further inquired from three aspects: the application basis of heavy punishment,the reasons why the tendency of heavy punishment appears in this crime,and the effectiveness of the penalty prevention of severe punishment.In view of the tendency of severe punishment,we investigate it from three aspects: the application basis of severe punishment,the reason why the tendency of severe punishment appears in this crime,and the effect of penalty prevention of severe punishment.As for the criminal policy of temper justice with mercy,which is closely related to severe punishment,the authorl rethinks the relationship between them from the perspective of social effect.And through novel coronavirus pneumonia during this special period of the crime of judicial practice,mainly from the substantive level and procedural level interpretation of leniency and severity criminal policy.In the third part,the author puts forward some regulation measures for the tendency of felony.In order to make the judicial organ apply this crime correctly and safeguard the legitimate rights and interests of citizens,in judicial practice,we should make the judicial judgment rational,guide the transformation of criminal law to civil rights criminal law,adhere to the hermeneutic approach of standardizing this crime and the principle of consistency of subjectivity and objectivity,prevent the tendency of severe punishment from expanding from this crime,so as to ensure the common reality of punishing crimes and protecting human rights in criminal law.