[Guozun Law Firm] Analysis of Conduct Crimes and Dangerous Crimes: Strict Standards Explained and Classic Cases Deeply Analyzed

Analysis of the Comparison of Strictness Between Conduct Crimes and Dangerous Crimes

When deeply discussing the difference in strictness between conduct crimes and dangerous crimes, we should first accurately define the concepts of the two and their differences. A conduct crime, as the name suggests, refers to a crime that is constituted once the actor implements the unlawful act prescribed by the criminal law. By contrast, a dangerous crime requires that the actor’s conduct not only meet the unlawful standard, but also cause or be capable of causing a specific dangerous state, before it can constitute a crime.

1. Comparison of strictness: In terms of strictness, dangerous crimes are stricter than conduct crimes. This is because for a conduct crime, once the actor has implemented the unlawful act, the crime is constituted, whereas for a dangerous crime, the actor must not only implement the unlawful act, but must also reach a certain dangerous state before the crime is constituted. This emphasis on the dangerous state makes the constituent elements of a dangerous crime stricter.

2. Difference in constituent elements: In terms of the constituent elements for constituting a crime, a conduct crime only needs to possess the statutory unlawful act to constitute a crime, whereas a dangerous crime requires that the conduct create a certain danger to the legal interest. Dangerous crimes correspond to result crimes. Result crimes are crimes for which actual infringement of the legal interest serves as the basis for punishment, whereas dangerous crimes are crimes for which the danger of infringement to the legal interest serves as the basis for punishment.

3. Degree of seriousness of the criminal circumstances: In terms of the degree of seriousness of the criminal circumstances, dangerous crimes are more serious than conduct crimes. This is because when a dangerous crime is committed, it simultaneously has harmful consequences, which makes the criminal circumstances more serious. When legal responsibility is pursued, the actor of a dangerous crime should attach greater importance to surrendering himself, in order to strive for an opportunity for a lighter punishment.

Deep Analysis of the Difference Between Conduct Crimes and Dangerous Crimes

1. Legal analysis: The difference between conduct crimes and dangerous crimes lies in that a conduct crime is accomplished once the specific criminal act is carried out, whereas a dangerous crime is accomplished only when, on the basis of carrying out the act, there exists a danger of the occurrence of the harmful result. A dangerous crime refers to a crime for which the danger state of a certain harmful result prescribed by law caused by the harmful act implemented by the actor serves as the sign of accomplishment.

2. Characteristics of dangerous crimes: The characteristic of dangerous crimes is that the harmful act implemented by the actor causes the dangerous state prescribed by law, which serves as the sign of accomplishment. This kind of crime does not take the occurrence of a material and tangible criminal result as the standard, but takes the existence of the statutory objective dangerous state as the sign.

3. Characteristics of conduct crimes: The characteristic of conduct crimes is that so long as the conduct satisfies the conduct constituting a certain crime as defined by the criminal law, it may be regarded as accomplished, without the need to trigger a specific criminal consequence. By contrast, a dangerous crime refers to a situation where the actor’s conduct must reach the point of causing the risk condition prescribed by law before it can be regarded as accomplished.

4. Difference in the pursuit of legal responsibility: In the pursuit of legal responsibility, the main difference between conduct crimes and dangerous crimes is manifested in that a conduct crime takes the completion of a specific criminal act as the sign of accomplishment, without the need for a substantive criminal result to occur; whereas a dangerous crime is a type of crime that takes as the basis of accomplishment the threat formed by the harmful act engaged in by the actor to a prescribed type of harmful result.