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Probe into the crimes against public safety issues related to dangerous methods

Author: LiangYanZuo
Tutor: WangGuiPing
School: China University of Political Science
Course: Criminal Law
Keywords: Dangerous Criminal Other dangerous methods Endangering public safety Judicial Application
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 469
Quote: 5
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Abstract


Improper expansion of the current judicial practice applicable to the crime of endangering public safety by dangerous means, contrary to the principle of legality, the protection of the rights, adverse and detrimental to the stability of the law order and national act of faith. Judicial shall promptly this reflection correctly understand and grasp this crime constitutes criminal mishandling correction practice. Firstly, a brief review of the status of application of the current judicial practice of the crime of endangering public safety by dangerous means, and in recent years made the judgment of the court in Beijing, for example, \trend analysis, pointed out that the \Then, starting from the legislation the theory of evolution and Dangerous Criminals, to investigate this crime legislation authentic, clear 114 belongs to the abstract Dangerous Criminals results Dangerous Criminals \114 \Judicial abrupt, often through the expansion explained to the completion of the specific application of this crime. The constituent elements of the crime of Perilous Emphatic 114 \not to achieve enough to ...... dangerous \The danger is implied by the act itself, the dangerous state of detachment behavior of the implementation of the behavior of independent existence, rather than the behavior itself dangerous. Subjective aspects of this crime, including the direct intention and indirect intention. Independent indirect intent of this crime constitutes a special significance, combined with the specific circumstances of the case to the subjective and objective principles of consistent practice careful constructive, and emphasis on the behavior of the method itself dangerous. Patterns of crime, a distinction should be made between dangerous methods lead to the risk of progressive or constant type the two situations, identification of Perilous Accomplished; Dangerous Criminals Accomplished behavior automatically exclude dangerous state effectively, not produce real harm consequences, should be set up The real harm guilty suspension. Dangerous driving behavior does not constitute the crime of Dangerous Criminals in the case of the current judicial practice; intentional release of gas and other flammable and explosive behavior, depending on the specific behavior difference between evaluation and carefully examine the subjective intent of the perpetrator, to not incriminate rashly; stealing manhole covers behavior does not constitute prejudice traffic and throwing dangerous items of this crime, as the crime of processing by the relevant criminal law provisions. This paper proposed legislative cancel 114 other dangerous methods supplement and strengthen the regulation of dangerous driving behavior in both criminal law and administrative regulations, in order to adapt to the trend of social development.

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