Determination Of "Dangerous Methods" In The Crime Of Endangering Public Safety By Dangerous Methods

The relevant provisions of the crime of endangering public safety by dangerous methods are located in Article 114 of Chinese Criminal Law,which is in the same article as the four crimes of arson,and they are all crimes with greater social harm.The provisions of the Criminal Law use the expression "other dangerous methods" to summarize other criminal acts with the same dangerous nature,so this crime is established as a comprehensive provision of Article 114 and Article 115 of the Criminal Law.However,in practice,judicial organs often convict and punish crimes that are not expressly stipulated in the provisions of the criminal law.This makes this crime continue to be understood and applied and gradually developed into pocket crimes.The main reason is that,this crime does not meet the requirement of clarity in legislation,and the expression of "dangerous method" is quite vague.The judgment of "dangerous method" is an important element for the conviction of this crime,and it is also the key point to distinguish this crime from other crimes.Correctly understand the connotation of "dangerous method",combining with the current background of the new era and appearing in social transformation and upgrading.Only by grasping the essential characteristics of the "dangerous method" and continuously improving the identification standards can we fundamentally restrain the tendency of this crime to expand and apply,so as to better abide by the basic principles of statutory crimes and punishments.To correctly grasp the "dangerous method" in this crime,the first important prerequisite is to make it clear that the crime is a specific dangerous offense.Secondly,it is necessary to grasp the connotation and extension of "hazard" and "public safety",as well as the need to determine the specific criteria for judging the "dangerous method" as for the criterion of judgment,a combination of subjective and objective methods should be adopted,combined with the location and occasion at the time,and specific conditions should be analyzed in detail,and comprehensive consideration should be given to whether the dangerous behavior has produced a specific dangerous state.In terms of the degree of danger,it is necessary to judge whether the four kinds of behaviors such as explosion are equally dangerous.The "dangerous method" should have high lethality and serious destructiveness,and have the ability to cause serious injury or death.In addition,it should also require "dangerous methods" to have a high degree of probability and uncontrollability that can cause serious consequences.Finally,it is necessary to comprehensively consider relevant factors such as the time and occasion of the dangerous behavior.After mastering the accurate identification standards,apply the identification standards of "dangerous methods" to practice,especially for the high incidence,proneness,and new types of dangerous behaviors that have just appeared in recent years.Use theory to guide practice and correctly distinguish whether dangerous behaviors constitute this crime.Under what circumstances constitute this crime,so as to correctly identify and distinguish various typical and new dangerous situations that appear in practice.