An Empirical Study On The Crime Of Driving Type Endangering Public Security By Dangerous Methods

In recent years,the trend of expanding the application of the crime of endangering public safety through dangerous methods has become increasingly evident.Driving a motor vehicle to harm public safety in the field of road traffic has become a representative crime of endangering public safety through dangerous methods.Taking the crime of endangering public safety with dangerous methods by driving as the research object of this article,through empirical analysis of a large number of judicial documents,the classification of cases involving different types of dangerous driving can be summarized.The judicial rules and judicial characteristics of the crime of endangering public safety with dangerous methods by driving can be summarized,and the existing legal application problems can be identified,Reasonably control the "pocket effect" of the crime of endangering public safety through dangerous methods.At the level of conviction,although judicial practice has to some extent referred to the voices of the academic community,it has not fully utilized the solutions proposed by the academic community to constrain the boundaries of the crime.The main manifestations are differences in understanding the core content of "public safety","other dangerous methods",and "subjective offenses".The rules for determining the elements of conviction are not unified,and there is an excessive reliance on harmful results in the process of determining each element.The application of this crime in the field of road traffic does not reflect the spiritual core of cautious application of pocket crime.Regarding the conviction of the crime of endangering public safety by dangerous means while driving,the following judgment standards have been extracted: the determination of "public safety" adopts a dual judgment mode of "non-specific" and "majority".In determining "other dangerous methods",in addition to considering the "equivalence" between dangerous driving behavior and arson,the independent characteristics of the driving behavior itself should also be considered.In terms of subjective fault determination,the subjective consciousness and subjective will factors of the actor should be distinguished,and a comprehensive judgment should be made based on the facts from three stages: pre event,during event,and post event.At the sentencing level,although the overall application of punishment for this crime is harmonious,there is still a problem of "different judgments for the same case".Through descriptive statistical analysis and SPSS data analysis,it was found that the applicable standards for probation are not clear enough,and the conviction factors and sentencing circumstances are mixed.Therefore,in order to promote the standardization of sentencing,it is necessary to establish comprehensive evaluation standards for the application of probation,implement the principle of prohibiting repeated evaluation,and truly achieve the adaptation of criminal responsibility and punishment.