The Restriction Study on the Judicial Application of Dangerous Operation Crime from the Dual Perspective of Entity and Procedure
Under the background of active criminal law,the addition of dangerous operation crime in the current judicial practice has the difficulties such as the unknown denotational survey of"production and operation",the confusion of"real danger",the selec-tion of punishment types and the excessive deviation of the discretion.Based on the consideration of preventing felony function and lim-iting crime function,it is appropriate to identify the crime of dangerous operation as the specific dangerous crime of business negli-gence.Based on the governance stance of entity and procedural coordination,it is necessary to adopt a substantive and rational criminal law interpretation to restrict the three dangerous behaviors of the crime(infringement behavior,omission behavior,and unauthorized or approved behavior)and the actual dangerous state of the crime in the substantive law dimension,and on the other hand,it is necessary to create a microcrime conditional non-prosecution system that is independent of the current conditional non-prosecution system and dif-ferent from the current discretionary non-prosecution system to filter the operation of the crime in the procedural law dimension.
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