On The Judicial Cognizance Of The Crime Of Endangering Public Security By Gangerous Methods

The "crime of endangering public security by dangerous means" in Article 114 and Article115 of the criminal law has a certain nature of "covering the bottom",which inevitably leads to some problems in the judicial determination of this crime.In order to study these problems,this paper makes an empirical analysis of 587 criminal judgments of the crime of endangering public security by dangerous methods concluded by magic weapon of Peking University as a sample,and makes a systematic thinking on this crime from the aspects of legal interests,appropriateness of constitutive requirements,illegality and accountability,so as to be helpful to the judicial determination of the crime of endangering public security by dangerous methods.The structure of this paper is as follows:Introduction: this part mainly introduces the background and significance of the topic selection,research status,research methods,the source and acquisition process of the judgment and the overview of the judgment.The first chapter: this chapter analyzes the legal interests of the crime of endangering public security by dangerous means in the criminal judgment,and makes a theoretical analysis.The legal interests of the crime of endangering public security by dangerous means in the judgment mainly include "indefinite theory","majority theory" and "unspecified majority theory",among which "unspecified majority theory" is the mainstream view.The academic debate on the crime of endangering public security by dangerous means mainly focuses on the theory of "no specific majority" and "no specific or majority".The author agrees with the theory of "not specific or majority".To judge whether the legal interest of the crime of endangering public security by dangerous methods is infringed,we should consider comprehensively from two aspects of "quality" and "quantity"Chapter two: this chapter analyzes and sorts out the constituent elements of the crime of endangering public security by dangerous means in the criminal judgment,and makes a theoreticalanalysis.The author studies the judicial cognizance of the crime of endangering public security by dangerous means,and adopts the stratum system of "objective elements of crime-subjective elements of crime-Elements of exclusion of crime" by Professor Zhou Guangquan.To judge the appropriateness of constitutive requirements,we should first judge the objective elements,and then consider the subjective elements.The objective elements include: harmful behavior,harmful result and causality.There are too many types of harmful acts in the judgment,and most judges have not identified "other dangerous methods".Most of the cases of endangering public security by dangerous means are convicted and punished without serious consequences.Chapter three: this chapter analyzes the illegality of the crime of endangering public security by dangerous means in the criminal judgment,and makes a theoretical analysis.In the judgment,there is no data on the crime of endangering public security by dangerous means.From the discussion of the illegality of the crime of endangering public security by dangerous means,we can know that only self-defense and emergency avoidance can meet the reasons for the crime of endangering public security by dangerous means.Among them,the victim’s self-defense and emergency avoidance are in line with the common sense and have a large space;the perpetrator of the crime of endangering public security by dangerous means can be established in theory Self defense and emergency avoidance to prevent illegal,but the practice is not feasible.Chapter four: this chapter mainly sorts out the data of the defendant’s responsibility in the criminal judgment,and makes a theoretical analysis on the responsibility.The crime of endangering public security by dangerous means in the judgment mainly has the problems of heavy crime and light punishment and high application rate of probation.Through the analysis of the responsibility of the crime of endangering public security by dangerous means,it is found that the defendants of the crime of endangering public security by dangerous means have the ability of criminal responsibility,and there is no juvenile or mental illness.On the contrary,many defendants argue that they do not have the possibility of knowing the illegality.Therefore,this part of the author’s research on the responsibility of the crime of endangering public security by dangerous methods mainly focuses on the possibility of recognizing the illegality.Chapter five: this part summarizes the judicial practice of the crime of endangering public security by dangerous means embodied in the criminal judgment,and puts forward relevant suggestions on how to solve these problems.The main problems in the judgment of legal interest are: there is no uniform standard for the determination of the legal interest of this crime in the judgment.The main problems existing in the judgment of constitutive requirements are: there aretoo many types of acts in this crime,and most judges have not identified "other dangerous methods".There is no data to prevent illegal activities in the judgment of illegal class,which shows that the probability of preventing illegal activities by dangerous means of endangering public security is very low.The main problems existing in the judgment of the responsible class are: the application of the possibility of illegal cognition.