The Criminal Law Regulation On High-risk Driving

Occurred nationwide in 2009, more than drunk driving, drag racing cases cause casualties vicious, triggering the public concern about high-risk driving behavior. Because the nature of such bad behavior, likely to cause heavy casualties and property losses, endangering public safety. So it is essential to regulate high-risk driving behavior with criminal law. However, due to deficiencies in the current articles on the correct application of high-risk driving behavior to criminal penalties, there are still many problems and controversies. This paper considers that the existing regulation on the high-risk driving behavior is lack of effective, specific and reasonable; therefore advocate to increase a new one: "high-risk driving offense." Drunk driving, drag racing, overloading driving, driving without a license and a series of high-risk category of driving behavior, charges will be incorporated into a proprietary system of criminal law context. In this way, it can effectively stop the frequent high-risk driving behavior; can protect road safety and public safety.The Article composed of three parts:The first part is an overview of high-risk driving behavior. First, start from the concept, summarize the characteristics of high-risk driving behavior and, based on the type and scope to define its characteristics; Second, analyze the situation, pointing out that the high-risk driving behavior is prevalence and enormous harm to society; Third, from the surface and deep level to analyze the reasons of high-risk driving behavior and according to these reasons to put forward legislative proposals to effectively regulate high-risk driving behavior.The second part is about the analysis of Criminal law regulation on high-risk driving behavior. Primarily through the existing Criminal law provisions is "Traffic Accident Crime" and "Crime of Endangering the Public Security with Dangerous Means". The two offenses are used to punish high-risk driving behavior. However, both of them are not accurately reflecting the characteristics of the crime of high-risk driving behavior, so the existing criminal law is lack of specific charges. On the other hand, the sentence of "Traffic accident crime" was too lenient while the sentence of "Crime of endangering public safety with dangerous means" is too harsh, the penalty allocation between the two offenses differ too great, in reality, the judicial sentencing trial will bring great large deviations, easily lead to miscarriage of justice. Therefore, the existing Criminal law penalties on high-risk driving are not so reasonable. Based on the analysis of these two charges each of the positive effects and negative effects of proposed based on high-risk driving behavior will set up a separate crime of thought, and suggested that foreign criminal law reference the relevant provisions for dangerous driving.The third part is about the legislative proposals to regulate high-risk driving behavior. This article proposes to set up a separate count of high-risk driving "High-risk driving offense", and discussed the feasibility of a separate offense established. "High-risk driving crimes" have their own Characteristics. Meanwhile, the sentence of "High-risk driving offense" should be set to three penalty grades, which according to the severity of the consequences. And it is also need to increase the penalty eligibility of driving, like restrictions or denial of driving qualification. In this way, the Criminal law can reflect the rationality of sentencing on the high-risk driving.