Fortune Telling Collection - Comprehensive fortune-telling - How to distinguish between concrete dangerous crime and abstract dangerous crime? Please don't give me Baidu Encyclopedia. Thank you very much.
How to distinguish between concrete dangerous crime and abstract dangerous crime? Please don't give me Baidu Encyclopedia. Thank you very much.
1, the danger of abstract dangerous crime belongs to the danger of behavior itself.
And the danger of specific dangerous crimes has the attribute of result.
2. The danger in the specific dangerous crime is based on the specific circumstances of the behavior at that time, and it is determined that the behavior has the danger of infringing the result. Such as arson, explosion, damage to vehicles and so on.
The danger in the abstract dangerous crime is the danger of infringing on the result based on the general social life experience in the judiciary. For example, the crime of stealing or robbing guns, ammunition and explosives, the crime of producing and selling toxic and harmful food, and the crime of producing and selling counterfeit drugs.
3. As far as the behavior of the same nature is concerned, compared with the abstract danger, the specific danger is more serious to the legal interests. It can also be said that the abstract danger attaches great importance to the danger of the behavior itself, while the specific danger depends on whether the specific dangerous result can be combined with the behavior that carries out the harm.
Extended data:
Dangerous crime is a concept corresponding to actual harmful crime: crimes based on actual infringement of legal interests are called actual harmful crimes; A crime based on the danger of infringing on legal interests is a dangerous crime. In the Criminal Code, there are several provisions on dangerous crimes, such as arson, water bursting, explosion,
Crime of throwing dangerous substances, crime of destroying vehicles, crime of destroying traffic facilities, crime of destroying inflammable and explosive equipment, crime of endangering flight safety by violence, crime of producing and selling unqualified medical devices, etc. They are all typical dangerous criminals, and they are punished because the criminal methods they use are particularly dangerous or the objects they infringe on are special.
References:
Baidu Encyclopedia-Dangerous Crime
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