I. Characteristics of crime
1, the number of cases is increasing year by year. 200 1, prosecution of criminal cases endangering public safety 13, 19 persons; In 2002, 20 people were prosecuted 19; In 2003, 32 cases and 32 persons were prosecuted; In 2004, 50 cases and 54 persons were prosecuted; From June 5 to August 2005, 34 cases and 34 persons were prosecuted.
2. The crimes involved are relatively concentrated. Among the crimes of endangering public security, the crimes involved are concentrated in the crime of traffic accident and the crime of gun explosion, among which the crime of traffic accident is the most prominent. From 2004 to August 2005, a total of 85 people were prosecuted for traffic accidents and gun-related explosions, including 63 people in traffic accidents and 22 people in gun-related explosions, accounting for 96.4% and 96.6% of the cases prosecuted for endangering public security respectively.
3. As an actor, there are more than three. First, there are many farmers, workers and individuals. Among the 88 people, there are 77 farmers, workers and individuals, accounting for 87.5% of the total number; Second, there are 87 men, accounting for 98.9% of the total; Third, there are many people with low education. Of the 88 people, only 3 have a high school education or above, and the others have a junior high school education or below.
4. Most explosion cases involve a large number of explosives. Explosive cases are all illegal manufacturing, trading and transportation of gunpowder or gun raw materials, and most of them are in large quantities. For example, Yu Xiaohuo, Yu Yongming and Chen Wenguo illegally bought and sold explosives. On February 9, 2004, when Yu Xiaohuo contacted the vehicle at Laomichengpo, Sanqu Town, he asked Chen to use the vehicle to pull the raw materials for making local cannons in Rongchang County. Both parties agree on the freight 120 yuan, and leave contact numbers for each other. 1 1, Yu Xiaohuo asked his son Yu Yongming to go to Rongchang to pull artillery supplies and help get on and off. Then they took the vehicle driven by Chen from the third lane of the county to Rongchang County. On the way, Eryu telephoned Rongchang person Zheng (at large) to buy items such as potassium chlorate, aluminum powder, realgar and lead wire. At about 0/9 o'clock that night, three people came to Zheng's residence. After Yu Xiaohe negotiated the price with Zheng, Zheng drove ahead and Chen Mou followed. At the fork in the road from Rongchang County to land and air, after Zheng transferred the goods on the car to the four-wheeled vehicle in Chen Mou, Yu Yongming told Chen Mou again that it was potassium chlorate, lead and other raw materials for making artillery. It is ready to be shipped back to China for sale and used to make its own artillery. On the way back from Rongchang to Shaba (place name) in Zhuxi Town, Dazu, the police seized it on the spot: 2,000 kilograms of potassium chlorate, 60 kilograms of aluminum powder, 200 kilograms of realgar and 290,400 meters of lead wire.
Judging from the criminal results, most cases have serious consequences. First, traffic accident cases have serious consequences. The vast majority of traffic accidents lead to deaths, huge economic losses and many social problems. On the one hand, the poor living conditions of the perpetrators of some traffic accident cases, coupled with the drag of vehicle damage, lost work, civil compensation and criminal responsibility after the traffic accident, are prone to the idea of breaking the jar and breaking the fall, and even other illegal and criminal ideas, which have become social unrest factors. On the other hand, traffic accidents have caused many originally happy families to die, with no support for the elderly, no support for the children and no education; If the victim is disabled, it will bring lifelong pain to himself and his family. No matter death or disability, it increases the burden of society and affects the development of local economy to a certain extent. Second, gun-related cases have serious consequences. Such as Deng, Wang Bijiang, illegal sale of guns. 1997 In the second half of the year, when Deng was doing business in Qinghai, he illegally bought a self-made June 4th pistol. In May 2003, Deng illegally sold the pistol to Wang Bijiang. Afterwards, Wang illegally sold the guns to Liu Erwa. Liu Erwa, Wang Wenjie and others sold guns to Li Shouqiang and Jiang Guangyuan for 7,000 yuan. At 9 o'clock on the evening of June 2, 2003, Li and Jiang fled to Changyuan Town, Rongchang County with guns to carry out robbery. They were taken away for questioning by police officers Gan Zaihua and Shen Qiang. Li shot and died after being rescued. The shooting of a policeman had a great influence in Chongqing.
Second, the cause of the crime
1, the actor's legal concept is weak. The actor's cultural quality is low, his legal consciousness is indifferent, and he lacks knowledge of People's Republic of China (PRC) Criminal Law. I don't know anything about whether my behavior constitutes a crime, and I don't know enough about the social harm of my behavior. Many people still don't know that their actions are crimes, but only consider them as civil disputes.
2. The local economy is backward, and the criminals are driven by huge profits, taking risks and trying the law. Due to the backward economy in some places, the cost of illegally manufacturing and trading explosives and guns is low, and the profit after sale is high. The return of high profits induces criminals to be sentenced to several years' imprisonment rather than be poor. Economic backwardness dominates the values of criminals, so that some people dare to take risks and try their own laws.
3. The high incidence of traffic accidents is mainly due to illegal driving. One is drunk driving. Many drivers know that they are not allowed to drive after drinking, but they often take chances and forget the traffic regulations, which leads to tragedy. The second is driving without a license. Some people have not received systematic training, have not obtained a driver's license, and rely on their own experience or curiosity to drive, thus brewing tragedy. The third is to drive a sick car. Road traffic management clearly stipulates that motor vehicles must be kept in good condition and clean. Brake, steering gear, horn, wiper, rearview mirror and lighting device must be kept intact and effective. However, some drivers know that their car condition is not up to standard, and they still drive the sick number on the road, thus causing accidents. Fourth, lack of experience. Some drivers have short training time and lack necessary driving experience. When encountering an emergency during driving, people often take improper measures because they are in a hurry, which leads to accidents.
Third, countermeasures.
1, strengthen legal publicity. It is necessary to further strengthen the education and publicity of popularizing the law, improve the people's legal concept and awareness, make them know and abide by the law, and safeguard the dignity of the law. Strengthen the publicity of traffic laws and regulations, focusing on strengthening the traffic legal education and traffic safety knowledge propaganda for car owners, drivers and the masses, so that the concept of the rule of law is deeply rooted in the hearts of the people, so that the broad masses of the people consciously abide by road traffic laws and regulations and consciously resist wrong traffic behaviors.
2, continue to maintain the high-pressure situation of strike hard, increase the intensity of cracking down on such crimes, resolutely crack down, promptly punish, and promote prevention. At the same time, actively publicize the results of the strike-hard campaign in radio, television and newspapers to deter those who have intentions from crossing the line.
3. Strengthen the management of firearms and explosives. Relevant departments should strictly block the sales channels of explosives, especially the places where illegal manufacturing and trading of explosives have been found, and should be strictly cleaned up and rectified. Strengthen the management and registration system of firearms and explosives, and suggest to re-register regularly to ensure strict management. The judicial department should, in conjunction with the relevant government departments, often go deep into the grassroots, find out the base, advance education, and prevent delaying the opportunity.
4. Strengthen the management and inspection of vehicles. The new Road Traffic Safety Law has been promulgated and implemented. It is reasonable to improve the driver's access standard, ban small driving schools with chaotic management and increase the cost of handling motor vehicle driving licenses. It is necessary to control the cost of handling motor vehicle number plates and licenses within a reasonable range, and encourage the broad masses to consciously handle number plates for the transportation department. The vehicle management department should strengthen the management of vehicles, conduct regular and irregular road inspections, and use advanced technology and equipment to detect the condition of running vehicles. Once the car condition is found to have potential accidents, a car should be found to be temporarily detained, and the detained car should be forcibly maintained. For those vehicles that have exceeded their service life, they should be scrapped, and traffic accidents should be curbed in the bud.
5. Accelerate economic development and promote employment. We know that only economic prosperity and development can increase employment opportunities and curb and eliminate poverty crimes just to meet food and clothing. In recent years, Guizhou has achieved remarkable results in rectifying the gun problem. One of its experiences is that the government has stepped up poverty alleviation work in areas with serious gun problems, so that the area has got rid of poverty in a short time. Therefore, we should learn from its successful experience, treat both the symptoms and root causes, accelerate economic development, focus on poverty alleviation, and help local people get rid of poverty, thus providing material guarantee for crime prevention.