On The "dangerous Method" In The Crime Of Endangering Public Safety By A Dangerous Method

Crime of endangering public security with dangerous method is rate is higher in the judicial practice of crime,this kind of crime is placed in the "criminal law" article 114 and article 115 of the second chapter,refers to the use and fire,water,explosion and other dangerous,such as placing a dangerous substances dangerous method and can be the crime of endangering public security.Can effectively combat the existence of this crime involving less than other charges or new without classification of crime,is has certain positive role in this aspect,but also because of its broad application scope,also caused a series of problems,reflected in: on the one hand,influenced the application of the principle of a legally prescribed punishment of criminal law,on the other hand,there is a charge will gradually tend to abuse(justice because of the uncertainty of law,added the law itself,making it the development trend of have pockets offenses.)Therefore,it is urgent for us to further analyze the unclear factors in this crime,that is,the identification and application of "dangerous method".Based on the reality and combined with the relevant cases,this article starts from the basic connotation of "dangerous method",and introduces the relevant factors such as the judgment standard of "dangerous method" and the application of law in detail.In this paper about the crime of endangering public security with dangerous method "dangerous method" research altogether is divided into five parts,the first on the basic concept of "dangerous method" has carried on the simple introduction,then expounds the situation and cause of "dangerous method",and lists the cognizance of "dangerous method" predicament "dangerous method" specific criterion,finally combining with the judicial case will "dangerous method" to determine standard has made the further analysis,specific as follows:The first part is the introduction of the paper,which introduces the background and significance of the topic selection,combs the current research situation of this crime at home and abroad,and expounds the research methods and innovation points of this paper.Dangerous methods,the second part is the crime of endangering public security in the basic concept of "dangerous method" is introduced as the breakthrough point,from two aspects of law set up and the statutory punishment set the crime of endangering public security with dangerous method is described in this paper the basic concept of "dangerous method",and the narration of the nature and characteristics of "dangerous method","dangerous method" is the specific dangerous crimes,rather than the abstract dangerous crimes.The third part elaborates the phenomenon of wrong application of law in the identification of "dangerous method",and analyzes the reasons for wrong application of law from four aspects: policy setting,traditional thought,judicial practice and public opinion.The fourth part enumerates in detail the theoretical viewpoint of the judgment standard of "dangerous method" in the field of criminal law,that is,the standard of essential equivalence,the standard of dangerous equivalence and the double standard of nature and degree.It also defines the specific criteria of "dangerous method" from three aspects: the object of the hazardous behavior,the occasion of the hazardous behavior,and the characteristics of the harmful consequence.The fifth part is based on the problems existing in the identification of "dangerous methods" and the actual cases(such as the throwing of objects from high altitude in recent years,the behavior of setting up the power grid,the behavior of refusing to cooperate in epidemic prevention and control,etc.)to judge whether the behaviors in these cases constitute the "dangerous methods" in the crime of endangering public security by dangerous methods.