On The Perfection Of Judicial Application Standards For "Crimes Of Endangering Public Security By Dangerous Methods"

The "Criminal Law" stipulates the basic crime of endangering public security by dangerous methods in the chapter "crimes of endangering public security",which determines that "other dangerous methods" should be combined with the crimes of arson,running water,and explosion described in this crime.And the behavior of putting toxic,radioactive,infectious pathogens and other substances(hereinafter referred to as "typical behavior")has "risk equivalence".However,the criminal law does not clearly stipulate its specific behavior,resulting in the uncertainty of "dangerous methods" and the high risk of being abused.Theoretical circles focus on the discussion of the key words "other dangerous methods"and "public safety" in this crime,among which "other dangerous methods" include discussions on "danger","equivalence of danger",and "public safety"."focuses on its connotation.In addition,the dangerous nature of this crime is also the focus of the theoretical circle.Only by clearly recognizing the aforementioned content can we have a deeper understanding of this crime at the theoretical level.The author retrieved keywords such as Shandong Province,criminal case,crime of endangering public security by dangerous methods,judgments and other keywords on the China Judgment Document Network,and obtained 216 valid documents during the retrieval period from January 1,2016 to July 25,2021.Among them,37 judgments were published in 2016,35 judgments were published in 2017,28 judgments were published in 2018,68 judgments were published in 2019,and 40 judgments were published in 2020.;There are 8 judgments issued before July 25,2021,and after the implementation of the Criminal Law Amendment(11),there are a total of 4 judgments.Comprehensive analysis of the reasons for the above judgments can be found:different courts have same problems in applying this crime.In terms of conviction,first,at the subjective level,due to the unclear subjective standards,there are different subjective determination standards for similar behaviors;second,in the On the objective level,the same type of behavior will be classified as different crimes in specific scenarios;in terms of sentencing,the circumstances are serious and the serious consequences are not clearly explained,resulting in the same behavior being sentenced to different sentences.In addition,there are also some special behavior types,such as high-altitude projectiles,theft and destruction of municipal facilities,which need further discussion to determine their behavioral attributes.In practice,this crime has no tendency to be pocketed.In order to accurately apply this crime and avoid falling into the rut of pocket crime,we can improve the two angles adopted by the people’s court when determining the conviction of this crime,and conduct a comprehensive evaluation of this crime.From the first point of view,starting from the four elements of the crime,the crime is interpreted and applied from the four aspects of subject,subject,object and objective,and the intention and negligence of the subjective aspects are interpreted according to the specific circumstances of the case.In addition,it is necessary to contact the Objective situation,discuss and analyze the objective aspects of place,time,behavior,results and other elements.The second angle is based on laws and regulations,and analyzes and demonstrates the key words public safety,hazards,and other dangerous methods,focusing on the typed analysis of behaviors.According to different conditions,other dangerous behaviors can be subdivided into three types:behavioral risk type,behavior reinforcement type,and tool type.When convicted,the suitability of the behavior and the crime should be considered based on the behavior and the specific circumstances.To sum up,this article will explain the application status of "crime of endangering public security by dangerous methods" from the perspectives of theory and judicial practice,explore the possibility of combining theory and practice,improve the judicial application standards of this crime,and combine theory and practice.,and ultimately return to the principle of legality of crime and punishment to ensure judicial fairness.