Practical Observation and Theoretical Examination of the Crime of Dangerous Operation

The crime of dangerous operation is an example of the addition of a minor offense in the context of active legislation. In the background of the pre-protection of legal interests, it has not led to an unreasonable expansion in the number of cases. Starting from a large number of practical cases to reflect on theoretical research, the basic nature of this crime, subjective guilt and other related controversies can be eliminated. The criminal compliance non-prosecution system is an important path for this crime to be acquitted, which belongs to blind “grafting” in legal dogmatics. Identifiable “intermediate dangerous results” can serve as an important basis for judging “realistic danger”; the more prominent risk-promoting factors are or the weaker risk prevention factors are, the easier it is to explain the existence of “realistic danger”. The crime of major labor safety accidents should be regarded as an aggravating offense resulting from this crime. In the case of a dangerous chemical, the actor has both the “transportation” of the crime of dangerous driving and the “production, operation, and storage” of the crime of dangerous operation, which should be recognized as an incidental relationship and punished accordingly. After the addition of this crime, cases of innocent operation of refined oil should not be recognized as the crime of illegal operation any more. The correct application of this crime can reasonably limit the “pocketing” tendency of the crime of illegal operation.