On The Formulation And Establishment Of Criminal Code Of Dangerous Driving

The behavior of dangerous driving means a driver goes against the code of traffic safety so seriously that the acts of dangerous driving, which are very grave, come out when transporting. How to prevent or reduce the behavior of dangerous driving in order to effectively protect the people's life and property becomes an important task regarded by academic and practical departments. This paper tries to research the problem of formulating and establishing the criminal code on dangerous driving behavior from five aspects as follows:Part one: Summary for the theory of laws of dangerous driving behavior.The conception,characteristics,basic types, treatments and the feasibility and necessity of criminalizing the dangerous driving behavior are elaborated here so that we can deeply analyze the formulation and establishment of criminal code on dangerous driving behavior.Part two: Analysis of identification of dangerous driving behavior in criminal code.The behavior of drag-racing and drunken-driving is elaborated in this part; there is insufficiency in criminal code for identifying the behavior above in our nation; criminalizing such behavior will prevent and reduce the traffic accidents effectively.Part three: External criminal code on dangerous driving behavior.The acts of dangerous driving are all taken into the scope of criminalization in many foreign countries. Although these legislative patterns are different because of different culture and different history, all of them are able to contain dangerous driving effectively. They can serve as references for criminalizing the dangerous driving behavior domestically.Part four: Analysis for the problem of criminal code on dangerous driving behavior.The differences and relationships between dangerous driving and traffic accident or crimes against public security are elaborated in this part in order to pave the way for formulating and establishing criminal code on dangerous driving and criminalizing such acts.Part five: Conception of formulating and establishing criminal code on dangerous driving behavior domestically. This code should be established basing on national conditions, drawing on the external experiences. And we should dispose codes which are compatible with correlative crimes in order to criminalize them. Moreover, the correlatively legislative,judicative and enforcing system should be rectified and improved. And the principles of grimly judging with mercy and the austerity of criminal law should be implemented correctly. The purpose of adopting these measures is to make the criminal law on this behavior complement the administrative law on this behavior so well.