On Penal Restriction To Dangerous Driving

As social economy develops rapidly, China has stepped into automobile era. With the large-scale use of automobile in daily life, the amount of traffic accident crime has sharply increased. There are varieties of dangerous driving which inject serious risks into our society that badly impact public's life. These dangerous driving include drunk driving, driving without license, over-speed driving and so on. Dangerous driving has seriously imperiled the order of society, and aroused public's rage. The Traffic Safety Law of PRC and Criminal Law of PRC have provides penalties on dangerous driving, but that is not enough to suppress these dangerous behaviors. The Traffic Safety Law has a gentle restriction on dangerous driving, which is not enough to deter those who intend to drive with dangerous way. As to the criminal law, the traffic accident crime is also not severe enough to deter dangerous driving. The criminal penalty can only be applied when badly results have been made. That is too late to prevent accident happen. The ineffectiveness of law on dangerous driving control has aroused public too much inquietude.In order to solve this dilemma, scholars have come up with resolvations from different angles. One way is to enlarge the use of the dangerous method harm public security crime. Another way is to amend the criminal law which include to amend the traffic accident crime or to establish dangerous driving crime.In this paper, there are two main methods which are summarizing and contractive analysis for use. The author firstly makes a simple analysis on dangerous driving situation in our country, and then analyses various domestic viewpoints on dangerous driving control. Basing on foreign successful experience and the real domestic situation, the author finally comes up with a legislative proposal which is to establish a new crime, the dangerous driving crime.Three chapters comprise this thesis, the first one is to have a simple analysis on domestic dangerous driving and foreign successful experience relating to dangerous driving control. The second one is to make a comprehensive analysis on rationality of establishing dangerous driving crime. The third chapter is to discuss the constitute elements of the dangerous driving crime.