Research On Regualation For Dangerous Driving Behavior By Criminal Law

With the popularization of cars, there is more and more crime of traffic accidents. Dangerous driving behavior such as drunk driving and serious overspeed driving become the hot topic discussed in social public opinion and judicial practice. Under this background, the choice of the criminal law for dangerous driving behavior has great significance in theory, while it also has important reference value in dealing with such problems in the current judicial practice. To reduce the traffic accidents in our country, it can provide help too.Firstly, this article outlines of dangerous driving behavior, including its concept, characteristic and classification. Essentially, It means that before or in driving process, the driver make themselves fall into the condition in which the driving ability is bellowed than safe driving demand, or driving speed serious over or below limit speed, or they clearly know that they don't have driving ability and technique to complete the driving task but still insist on driving, so it make the possibility of traffic accidents developed from dangerous status increased. In essence, it doesn't need harm result, but subjectively, the actors have Intentional state of mind, objectively it has real danger of personal and property damage, their driving prosses isn't in normal status. The type includes driving without technology or ability, drunk driving, driving after taking drugs, driving in serious speeding and so on, among which drunk driving and driving in serious speeding are the typical of dangerous driving behavior.Secondly, the article introduced the relevant regulations of dangerous driving behavior in our country at present and some legislative cases about dangerous driving behavior overseas such as Japan, Germany, the United States, Hong Kong, Macao and Taiwan.Thirdly, the author introduced crime of dangerous driving and some related crimes in its criminal law applicable, difficulties and dispute. The amendment of criminal law (8) ", chase competition drive and other dangerous driving behavior, will make the latest regulations governing as dangerous driving crimes, detention shall also be fined. In the discussion about constitutive requirements, judicial cognizance and some related issues of the dangerous driving crime, combined with some typical cases happened recently such as Hu Bin racing accident and Sun WeiMing drunk driving accident,the author analyzed these dangerous driving behavior and discussed these disputed opinion in theorists. While, the boundaries and collaborative relationship among crime of dangerous driving and crime of traffic accident, crime of Jeopardize public security by dangerous methods were introduced. But in criminal law applicable about dangerous driving cause accidents, there are still some difficult such as Subjective aspect are difficult to be determined, shortage exist if punished by jeopardize public security by dangerous methods, and also the common standard of judicial practice is the main problem. The lord to solve the problem still exists all sorts of dispute is introduced, the author thinks that deal with after new dangerous driving sin legislation perfect.Finally, the author evaluated the new crime of dangerous driving. The author thinks that the amendment of criminal law (8) "about the new crime of dangerous driving have some legitimacy and the rationality. It meets risk society theory, and it will help for reducing the harmful for society by such behavior and will realize the judicial work, which is helpful to realize the education and function of punishment deterrence, prevent purpose. It will also helps to carry out the criminal policy which is wide and strict, and to establish the harmonious society. But new dangerous driving crime still exist certain inadequate in the Settings, punishment scope and the design of the indictment. The author thinks that the legislation failed to cover other forms of dangerous driving behavior, so it will be difficult to cope with changes in the near future. While in the kind of serious consequences caused by dangerous driving behavior, it still published by crime of traffic accident or crime of jeopardize public security by dangerous methods, which still has failed to effectively solve the original situation. Therefore, the author suggest that revision of dangerous driving behavior in criminal law system in the future, the design of the legislation should include caused no indictment harmful consequences and harm the different severity consequences several layers.