Research On Dangerous Driving Behavior's Rule Of Law

Nowadays, with the development of living standards, more and more people own their cars. In the meanwhile, lots of traffic accidents caused by all types of dangerous behaviors are rising rapidly. These dangerous driving cases not only endanger people's life, health and property right, but also seriously endanger social public security. Whereas our existing criminal law is lack of pertinent and powerful regulations against such dangerous driving behaviors, the irregularity cost is too low for those criminals who conduct such dangerous driving behaviors. The result is the traffic accidents caused by those dangerous driving behaviors are difficult to be prohibited, even worse, the trend of such accidents are increased constantly.Firstly, I describe several typical dangerous driving accidents occurred in recent years, analyze the serious social harm caused by such accidents, and propose such dangerous driving behaviors should be regulated by the criminal laws.Secondly, I describe the situation of dangerous driving behavior's rule of law. Comparing with the overseas punishment against drunken driving, I point out the existing penalty problems against dangerous driving behavior as follows: Our penalty standard and bearing legal responsibility against drunken driving are lower than overseas, the penalty standards are not uniform in different provinces, the bearing legal responsibility are not perfect, missing some provisions against dangerous driving behavior, etc. After that, I analyze the difficulties upon conviction and sentencing towards dangerous driving behavior as follows: The punishment standards towards dangerous driving behavior are not uniform, it is hard to distinguish negligent from intentional when offender conducts dangerous driving behavior, and so on. In China, no"Crimes of Dangerous Driving"is stipulated in criminal law, there is no medial area between"Crimes of Causing Traffic Casualties"(lower punishment) and"Crimes of Endangering Public Security by Dangerous Method"(heavier punishment), that means some provisions are missing in our law. Seen form our current criminal rules, not only"Crimes of Causing Traffic Casualties"but also"Crimes of Endangering Public Security by Dangerous Method", they cannot accurately reflect the criminal essential character of dangerous driving behavior. Therefore, I agree add"Crimes of Dangerous Driving"into our existing criminal law, and take this new crime as the interim crime between"Crimes of Causing Traffic Casualties"and"Crimes of Endangering Public Security by Dangerous Method", to prevent the occurrence of judicial injustice, such as offender commits the same crime, but sentences lighter or heavier punishments. Finally, referring to overseas'measures, I put forward several proposals to regulate dangerous driving behavior like below: 1) Seen from legislation, I suggest add"Crimes of Dangerous Driving"into our existing criminal law, perfect its punishment and sentencing, so that such dangerous driving behavior can be regulated by our criminal law; 2) Perfect conviction and punishment of relevant crimes against dangerous driving, including improve the terms of imprisonment of"Crimes of Causing Traffic Casualties", issue make a legislative interpretation towards"Crimes of Endangering Public Security by Dangerous Method"without make any changes of current criminal law, or issue judicial interpretation when judge Causing Traffic Casualties criminal cases how to apply with the current law, and so on; 3) Form comprehensive mechanism to combine criminal law, civil law and administrative law with each other.In one word, legislature should take reasonable, legal, fair and effective measures to manage dangerous driving behavior as soon as possible, to prevent dangerous driving offenders from endangering people's life, health, property right, and social public security any more. Vehicle and human being can live harmoniously in the same world.