"Supreme People's Court Commission" in 2020 issued a guidance case "Chongqing Shapingba District People's Procuratorate, Li Xuchen to harm public safety cases by dangerous methods"，The basic case is: At 18:00 on May 18, 2017，Li Xuchen Drink with friends at 21-5, No. 67, Mado Shengshi District, Shapingba District, Chongqing，Throwing a beer bottle and a glass of glass downstairs at the balcony，Among them, Ye Mou (victim，Male，13 years old) head，Severe severe damage to its craniocerebral brain。Appraisal，The degree of injury of the victim Ye Mou is seriously injured。August 26 of the same year，The defendant Li Xuchen was captured by the public security organs。Public prosecution agencies filed a public prosecution for intentional injury，It is recommended to sentence them to three to five years in prison。

The core focus of this case is very clear: For the actor knows that the densely flowing school playground，How can the behavior of continuous parabolic from high -altitude parabolic still deliberately。There are two perspectives in practice: first，constitutes the crime of intentional injury; second，Establishing a crime of harming public safety in dangerous methods。The People's Court of Shapingba District of Chongqing City determined that Li Xuchen constituted the crime of harming public safety by hazardous methods，Ten years in prison for sentences。The defendant Li Xuchen is not serving the first trial judgment，A appeal to the Chongqing First Intermediate People's Court。May 4, 2018，Chongqing First Intermediate People's Court ruled to reject the appeal，Maintain the original judgment。

"Based on facts，Legal as the criterion "is the basic principle of criminal Bet365 app download referee。Criminal composition naturally acts as a link should be and the facts、Bridge of facts and specifications。Judicial referee，Application of criminal law often revolves around crime composition，Compare the facts of the case with the specification facts，Then generate a case referee result。At the standard level，Criminal composition to guide the specification selection in the case referee，Guide the referee according to the subject、Object、subjective、Objective four elements to judge，Based on this distinction and non -crime、This sin and the other sin; at the factual level，The expression of the element as a specification and the applicable model，Criminal composition except for the standard "God" outside，Also because of the requirements、The clearness of the element and the "shape"。Criminal composition has a three -dimensional three -dimensional structure，The criminal composition is as a legal specification、Theoretical model、Complex of the referee mode，It has given the referee different selection standards、Judgment method、Applicable templates and referee ideas，Promote different referees adhering to the "consistency" referee thinking，Effective interaction between the referee specifications and the facts of the referee。

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Criminal composition is a combination of criminal establishment stipulated in the criminal law，What kind of life does the concept of crime that constitutes a crime，Guide referees look for corresponding life facts based on abstract requirements and elements，To compare and organize。According to Article 234 of the Criminal Law、Article 115 provisions，The crime of intentional injury and the crime of harm to public safety in danger methods requires intentional aspects to be intentional，But there are differences Bet365 app download in the object of the two sins: the object that intentionally hurt the crime is the right to physical health，Pay attention to the violation of individual rights and interests of regulatory behavior; the object that harms the crime of public safety by dangerous methods is social public safety，Focus on the violation of the public interests of regulatory behavior。Therefore，From the specification content itself，The core of distinguishing between two crimes is to correctly define "specific" and "unspecified"、The range of "minority" and "majority"，What worth noting is，Whether it constitutes "specific" and "majority"，Should not simply take the number of victims in the case as a single measurement standard。Just like this case，Although there is only one victim，But the law and benefits caused by the defendant may cover the "unspecified" and "majority"，It should be determined that the "public safety" in the legal norm should be determined，Establishing a crime of harming public safety in dangerous methods。

Criminal composition at the level of legal norms provides guidance for judicial referee，But at the same time, it also has limitations。Because the words have streaming，Different types of criminal law standards have different words and characteristics，The factual characteristics corresponding to it are also different。Classified according to the expression of the criminal law，Criminal law specifications can be divided into the expression of concept -criminal composition，and specific expression -Criminal Law Clause，At the same time, the Criminal Law Code can be divided into the general rules of the criminal law and the criminal law.，Different content expression means different features and construction methods。But，Law is the subjective product of human beings，囿 The limitedness of subjective understanding and the inherent stability of Bet365 app download specifications，In the face of complicated facts，The concept of normative terms appears vaguely from "central semantics" to surrounding flow，The facts of the case cannot be covered under normative words，At this time, the legal norms appear to be "careful"，Criminal Law is no exception。

　Theoretical model

Criminal composition is the theoretical analysis mold about criminal law specifications，It organizes a systematic system，It has instrumental meaning。Combined with the behavior of the defendant in this case，can be used as the following analysis: On the one hand，From the objective level,，Li Xuchen will have an empty beer bottle、Plugs at the school playground，The consequences are targeted at "unspecified majority people"，instead of "a certain person"，Although it caused the result of a victim injured，But the consequences of behavior include but not limited to this result，Objectively existing the possibility of the consequences of more serious damage。Therefore，The danger that the defendant's behavior may be triggered and the danger of society and the "setting fire、Decision Water、Explosion、Dangerous substances "and other typical representatives are the same degree.，It is a typical theoretical model embedded in the typical theoretical model embedded in the "crime of harming public safety by hazardous methods"。On the other hand，From the subjective perspective，Li Xuchen has a complete recognition、Judgment、Adults of behavioral capabilities，Subjectively knowing that the high -altitude parabolic behavior of high -rise housing from the 21st floor is extremely dangerous，and when I litter the beer bottle, I have seen the school playground downstairs，And some students are exercising。But the defendant is venting emotions，Throw the glass down without consequences，serious harmful consequences caused by Bet365 app download serious injuries caused by the victim，That is, the dangerous method of knowing the implementation will endanger public safety，However, the occurrence of the hazardous consequences，Subjectively identified as intentional，instead of negligent or too confident negligence。

It is worth noting that it is，In practice，Comparison of facts in theoretical model、Construction and the setting of the litigation system is closely related。For example，The theory of the British and American law systems strictly distinguish between legal issues and facts in the process of judicial trial，The judge is responsible for the handling of legal issues，And the facts of the facts are handed over to the jury referee，The jury composed of ordinary people is responsible for the facts of the facts。The premise is that the tradition of the British and American law system fully recognizes that the fact that the facts are more difficult than applicable laws，Put the problem to the jury to deal with，Not only can reduce the risk of the judge's identification of facts errors in the procedure，It has also been widely recognized by the parties and the public，Therefore, it is called "the temptation of black boxes"。Another example，US debate trading system、The German negotiation system and other coexistence litigation systems are utilitarian，It will inevitably cause impact on the authenticity of factual construction while improving judicial efficiency，The deviation of the true and objective and objective of the law。

　　Judgment mode

The composition of the crime leads the thinking mode and narrative expression of the referee to the factual construction，Provides the exterior and internal dual foundation for the generation of referee facts。The process of the criminal referee is a dual -spiral construction model，It is reflected in the construction process of the regulations of the referee，The construction Bet365 lotto review process of the referee facts on the facts of the referee，In the process of constructing the facts，The subjective emotions of the referee have never stayed away。According to Article 115 of the Criminal Law，"Fire、Decision Water、explosion and toxicity、radioactivity、Infectious diseases such as raw body and other substances or other dangerous methods seriously injured、Death or major losses caused by public and private property，Pharise in prison for more than ten years、Detailed imprisonment or death penalty "。In this case，According to Li Xuchen's crime plot、Repentance performance，In the end, the court comprehensively considered its social harm and the possibility of re -commitment，In the case of serious injuries of the victim，The minimum torture period in Li Xuchen applied to Li Xuchen，It reflects the legal punishment and educational function，It also incorporates the judge's "personalized" referee thinking in the case，Let the law not only stay on the text，Let the case referee vivid and temperature。

Criminal composition as a concept form，Existing in criminal referee with different representations。Crime composition of the criminal referee mode constitutes more representation as a referee.、Dual -layer mode based on legal narrative。The referee needs to use the referee thinking to apply the legal norms and theoretical models to the specific case referee，According to the legal specifications and theoretical model of the legal norms composed of crime，Applicable evidence rules Filter the evidence involved，and "restore" case facts，Finally formed a referee document。At the same time，Legal narrative as an external characteristic，Permination of the entire procedure of the lawsuit。It in a way to internalize and invisible，Sometimes the way that even the narrative subject does not notice it in the referee bet365 live casino games process，Affecting the construction of the facts of the referee，Also carrying the legality and reasonableness of the judgment。

　　(This article is the key topic of "Aesthetic or Crime-criminal perspective in criminal perspective" (17yzd-07) phased results)

(Author Unit: Institute of Law of Tianjin Academy of Social Sciences)