On The Evidence And Logic Of The Crime Of Endangering Public Safety In A Dangerous Way With High-Risk Driving

With ever increasingly higher incidence of major vicious traffic accidents, and coupled with on-going disputes on conviction and punishment of this offence in both criminal theory and judicial practice, this article, for the purpose of being benefit to judicial adjudication, is intended to discuss whether the aforementioned offence can be ascribed to the crime of endangering public safety in a dangerous way. The analysis will on the one hand incorporate a dual methodology from perspectives of regulation and value and conduct an in-depth investigation on both subjective and objective aspects of high-risk driving on the other. In the subjective aspect, on the basis of factual behaviors before, during and after the occurrence of accident committed by the driver, this article draws out a modeling of demonstration to infer relevant conscious and will factors and accordingly to ascertain subjective fault. In the objective aspect, rooted in value abstraction of common factual behaviors in high-risk driving cases, this article tries to design a widely applicable evaluation model, which may help establish a general framework of judging rules in like circumstances.