The Theoretical Justification of the Refutation of Abstract Endangerment Offenses
In an era of criminal law activation where the legislation of abstract endangerment offenses is increasing,studying whether abstract endangerment offenses can be refuted is of great significance.Abstract endangerment offenses are result offenses,and the implementation of the constituent elements of the act only presumes the production of abstract dangerous results.In addition to the general situation of danger,there are exceptional situations where there is no danger.At this time,it should be allowed to refute the crime to reasonably limit the scope of punishment.Refutation does not violate the presumption of innocence,and will not alienate abstract endangerment offenses into specific endangerment offenses.All abstract endangerment offenses theoretically allow refutation.When refuting,objective conditions other than the personal characteristics of the actor should be used as materials,and whether there is abstract danger should be examined at the time of the act according to the standard of the general person in society.Furthermore,the proviso clause does not serve as a basis for the application of refutation.
abstract endangerment offensesrefutationpresumptionpresumption of innocence
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