Study On The Application Of Criminal Law Of Driving Excessive Electric Vehicles

An electric vehicle is an electric-driven vehicle,usually a two-wheel,three-wheel,and four-wheel low-speed electric vehicle.An electric-powered new energy vehicle is not generally called an electric vehicle.Electric bicycles and disabled wheelchairs that comply with relevant national standards in electric vehicles are non-motor vehicles.The so-called "excessive standard" refers to exceeding the national standards of non-motor vehicles and has reached the national standard of motor vehicles.There are no special national standards for electric tricycles and electric four-wheelers.If the national standards for motor vehicles are met,they will inevitably exceed the relevant national standards for non-motorized vehicles that may be formulated in the future,and are often referred to as over-standard electric vehicles.With its advantages of low price,convenient and practical,low carbon and environmental protection,electric vehicles have quickly become an important means of transportation for the people to travel short distances.At the same time,the phenomenon of over-standards for electric vehicles has become more and more serious.The number of cases of drunk driving over-standard electric vehicles and driving excessive electric vehicles has also increased the number of cases that endanger public safety.However,the phenomenon of different cases in this case is also obvious.Such as drunk driving over the standard electric vehicle case,some court judgments constitute a dangerous driving crime,and some court decisions do not constitute this crime;some do not deal with the lenient,some light punishment,some exemption punishment;driving excessive standard electric car accident In the case of serious injuries,there are three different judgments: traffic accidents,negligent and serious crimes and innocence.The phenomenon of driving a crime of exceeding the standard electric vehicle is the same as the dispute over a series of laws.The different judgments of sin and non-crime in drunk driving over-standard electric vehicles are based on whether the over-standard electric vehicle is a motor vehicle and whether the actor can recognize the dispute of the vehicle's "motor vehicle" attribute.The case of driving a serious electric vehicle causing serious injuries has resulted in different crimes such as traffic accidents,negligent and serious injuries,and innocence.The reason is the identification of guilty circumstances such as “no driving qualification to drive a motor vehicle”,and Whether it is a controversy over the crime of causing serious injury in the case of sin.In the case of drunk driving and exceeding the standard electric vehicle,in order to maintain public safety,avoid the disadvantages of poor administrative supervision,and apply the law fairly,it is necessary to identify the excessive electric vehicle as a motor vehicle.Through the interpretation of the current administrative laws and regulations,it can be concluded that the “excessive electric vehicle” belongs to the “motor vehicle” and does not violate the principle of criminal law.The national standard of motor vehicles stipulates the definition of various types of motor vehicles,and has the conditions for identification or inspection,which can identify the attributes of over-standard electric vehicles.The actor's understanding of the "motor vehicle" attribute should be judged by the "parallel evaluation of laymen" standard combined with the actor's special practical ability.In the case of serious accidents caused by driving an excessive electric vehicle,it is determined that the crime of traffic accidents should be treated differently according to the specific circumstances.In combination with the competent authorities' factors on whether or not the over-standard electric vehicle is managed in accordance with the motor vehicle,the guilty circumstances such as “no driving qualification to drive a motor vehicle” are accurately determined.The crime of causing serious injury caused by negligence "This Law provides otherwise,in accordance with the provisions" is a special arrangement for legislators.When traffic accidents cause serious injuries,they belong to the law and competition.The special law should be applied to the principle of general law and the special offence of traffic accidents.Terms.Driving a super-standard electric vehicle causing serious injury should not be dealt with as a serious injury caused by negligence.If there is no sinful plot and it does not meet the standard of prosecution for traffic accidents,it should be acquitted.