以危险方法危害公共安全罪之界定

我国<刑法>"以危险方法危害公共安全罪"的罪名和犯罪构成均模糊不清,需要从理论上界定.本罪中"危险方法"是指与放火等罪危险性相当,一经实施,就可能造成多数人或者不特定的人重伤、死亡的方法."公共安全"是指不特定或者多数人的生命、健康的安全以及公共生活的平稳与安宁.本罪作为危险犯是具体危险犯,是实害犯的未遂犯.本罪作为危...

The Demarcation Line on the Offense against Public Security in Perilous Ways

Neither the charge in an indictment nor the constitution of crimes for"the offense against public security in the perilous ways"in our PENAL CODE is inexplicit,which requires a theoretical demarcation."The Perilous Way"in this charge is equivalent to the perils connected with the crimes such as arson,a way that will cause a majority or unparticular heavily wounded or die once it is practiced."Public Security"refers to the safety of life and health of unparticular persons or the majority as well as the stability and peacefulness of public life.This charge as dangerous criminals refers to specific criminals,attempted criminals who did harms actually.The attempted crime is not-existent for this charge as dangerous criminals while the suspension of crimes for dangerous criminals does not exist after the state of danger appears and it may be the suspension of crimes of the criminals who actually did harms.