How to distinguish between concrete and abstract dangerous offenders?

Crimes where the risk of infringement of legal interests is the basis for punishment. Dangerous offenders include both concrete and abstract dangerous offenders. The so-called "specific dangerous offender" refers to a type of dangerous offender that needs to be judicially determined whether there is a real and specific danger in a specific case; Abstract dangerous offender is a type of dangerous offender that is judicially determined to have a risk of the result of infringement on the basis of general social life experience, so there is no need to make a specific judgment in individual cases.

For example, the crime of arson is a specific dangerous offense, and the crime of arson can only be established when it is objectively determined that the act of burning the object is a public danger based on the specific circumstances of the act at the time of the act (the size of the fire, the distance from the combustible, etc.). The crime of stealing firearms, ammunition, and objects is an abstract dangerous offense, and based on the experience of general social life, when it is determined that the act of stealing firearms, ammunition, and objects is a public danger, the crime of stealing firearms, ammunition, and objects has been established. <>

First of all, it is necessary to understand what a dangerous offender is, a dangerous offender and a tortious offender are relative, the infringer refers to a crime in which the actual infringement of legal interests is the basis for punishment, and a dangerous offender refers to a crime in which the danger of infringement of legal interests is the basis for punishment. Therefore, when it comes to dangerous criminals, there is actually no real harm in the real sense. Secondly, we will distinguish between the abstract and the concrete, and the specific dangerous offender refers to the judicial determination of whether there is a danger of infringement of the act on the basis of the specific circumstances and objective reality at the time of the act.

The abstract dangerous offender refers to the general social concept and social experience to judge whether the act is in danger of violation. In my opinion, danger is a critical state in which nothing has happened at all, and if we want to judge whether something that has not happened is a crime, we must rely on different principles and methods, and at this time we need to pay attention to the distinction between concrete and abstract dangerous criminals. <>

The abstract danger lies in the act itself, while the concrete danger lies in the danger of the possible consequences of it.

1. The danger of the abstract danger belongs to the danger of the act itself. The danger of a specific danger offender has a consequential nature.

2. The danger in the case of a specific dangerous offender is a judicial determination that the act has a risk of the result of the infringement on the basis of the specific circumstances at the time of the act. For example, the crime of arson, the crime of **, the crime of destroying vehicles, etc.

The danger of an abstract dangerous offender is the judicial determination that the act has a risk of the result of the infringement on the basis of the experience of ordinary social life. For example, the crime of stealing and snatching firearms, ammunition, and goods, the crime of producing and selling toxic and harmful food, and the crime of producing and selling counterfeit drugs.

3. As far as acts of the same nature are concerned, compared with abstract dangers, concrete dangers pose a more serious threat to legal interests, and it can also be said that abstract dangers attach importance to the danger of the act itself to a large extent, while specific dangers depend on whether the specific danger results and the harmful behavior can be combined.

1. The specific danger is the danger that actually exists in the case, while the abstract danger is the danger of the act that is determined to be the result of the violation;

2. "Specific dangerous offenders" refers to a type of dangerous offender that needs to be judged judicially on whether there is a realistic and concrete danger in a specific case, and abstract dangerous offender is a type of dangerous offender that is judicially based on general social life experience and determines that the conduct usually has the risk of the result of the violation, so it is not necessary to make a specific judgment in the individual case.

Criminal Law of the People's Republic of China.

Article 114.

Arson] [Flooding] [** Crime] [Putting Dangerous Substances] [Endangering Public Safety by Dangerous Means.

Arson, flooding, and poisoning, radioactivity.

Where infectious disease pathogens or other substances or other dangerous methods endanger public safety and have not yet caused serious consequences, a sentence of between three and ten years imprisonment is to be given. Article 115.

Whoever causes serious injury or death to a person or causes serious injury or death to a person or causes major losses to private property by means of arson, flooding, or disseminating poisonous, radioactive, infectious disease pathogens, or other substances or other dangerous methods, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Or the death penalty.