Study On The Pocketing Problem Of The Crime Of Endangering Public Security By Dangerous Means

Pockets of crime of endangering public security with dangerous method,refers to the applicable standard fuzzy,because it caused the applicable frequency rising in the judicial practice Expanding the applicable scope,and includes a variety of endangering public security behavior of a kind of phenomenon.In recent years,with the appearance of the new act of endangering public security,more and more types of behavior are brought into the adjustment scope of the crime by the judicial authorities,its pockets problem increasingly outstanding.This situation does not meet the requirements of the principle of criminal law and is not conducive to maintaining the stability and predictability of the law.In judicial practice,pocketing of the crime is mainly reflected in the following aspects: first,the criminalization of innocent cases,and the identification of some acts that do not meet the standards of lesser charges as the crime;Second,the felony of misdemeanor cases,some behavior that could be adjusted by misdemeanor is identified as the crime;Third,he criminalized the case,and identified the behavior that could have been adjusted by other charges of endangering public security as the cause of the crime.The reasons for this crime pocket can be summarized into four aspects.Firstly,due to the lag of the legislation itself,when the criminal law cannot be amended in time to deal with the new criminal means endangering public security,the judicial authorities often regard this crime as the first choice to regulate the new criminal means.Secondly,the article is fuzziness.The crime is a supplementary charge of the crime of arson,the crime of explosion,the crime of water discharge and the crime of throwing dangerous substances.The constitution of its own crime is vague,the extension is broad,and the objective aspect of its crime is other dangerous methods the judgment should take the behavior patterns of the preceding four crimes as reference,but without its own independent judgment standards,it is easy to have different understandings of them in the application,which will inevitably aggravate the pocketing trend of them.Thirdly,the public opinion has a guiding tendency for the behavior that causes serious harm consequences.Under the pressure of public opinion,the judicial organs often choose to convict the crime of endangering public security by dangerous means without formal limitation of the constitutive elements,and improperly expand its application scope.Finally,in order to pursue the consequences of severely cracking down on the crime,the judicial organ of non-modest application of law has expanded and explained obviously other dangerous methods of the constitutive elements of the crime,and has the tendency to directly determine the felony on the grounds of the seriousness of the result,which gradually aggravates the trend of its pouching.The crime of endangering public security by dangerous means,as a kind of accusation,is essentially to regulate the behaviors that have a certain degree of danger,such as arson,water bursting,to crack down on the new behaviors that endanger public security and maintain good social order.However,in judicial practice,its increasingly serious "pocketing" trend has seriously deviated from the original intention of the establishment of the crime,resulting in confusion of the application of the charge.Based on this,in order to avoid this crime "pocket",play its proper function,on the basis of the principle of legally prescribed punishment for a,can be explained by restricting the expansion of this crime,timely revised the relevant charges of criminal law,the rational response of public opinion,highlight the role of guiding cases and other methods to strictly limit about the scope of application,to achieve its is of great significance in the reasonable application of the judicial practice.