The Regulated Evaluation Of Criminal Law On High-risk Driving

Result from"drunk driving"and"drag racing"cases which cause casualties frequently occurred and shocked the nation in 2009, high-risk driving behavior attracts much attention. Because of the argument of the application of"Traffic Accident Crime"or"Crime of Endangering the Public Security with Dangerous Means","High-risk driving behavior"became the challenging issue of Criminal law. Limited by defects in the legislation above, given the act of universally serious social harm, the legislature adopted the new form of charges made in high-risk re-evaluation of driving behavior, that means of an amendment to the Criminal Code set a targeted charge "dangerous driving offense." This paper argues that despite the establishment of the crime of dangerous driving reflects the forward-looking and the protection of legal interests of criminal law, but the offense still have defects in the specific settings and should be further improved.The Article composed of three parts:The first part is the basic theory of high-risk driving behavior. First, start from the concept, based on comprehensive survey and sorting of domestic theoretical point of view, combined with Chinese judicial practice, driving behavior which violate traffic regulations would be classified as normal dangerous driving behavior, serious violation of driving behavior, high-risk driving behavior, and summarized the basic definition and exclusive features of high-risk driving behavior. Second, defining the type of high-risk driving behavior based on characteristics, that include the ability of serious lower driving causing the high-risk driving behavior and improving the ability of over-driving task demands causing the high-risk driving behavior. Finally, from the current situation of high risk driving behavior, we find it have serious social harm, which reflect the necessity of the criminal law.The second part is about the analysis of Criminal law regulation on high-risk driving behavior. Primarily used the Charges of"Traffic Accident Crime"and"Crime of Endangering the Public Security with Dangerous Means"to regulate high-risk driving behavior by the existing Criminal law. However, the"Traffic Accident Crime"Sentencing too loose and the lack of negative evaluation of the act itself, and thus can not achieve high-risk driving behavior of the effective regulation. Accordingly,"Crime of Endangering the Public Security with Dangerous Means"is a serious crime, convicted a higher standard, not able to cover the regulation of high-risk driving behavior. To this end, the latest introduction of the Criminal Law Amendment (8) by stating in the form of counts has made two high-risk driving behaviors which include drunken driving and drag racing into crime provisions. The legislative initiatives make up the shortage of existing criminal law, which reflects the early intervention of Criminal law. But it is worth mentioning that this legislation has certain limitations in ordinal arrangement of counts set, legal punishment configuration and statutory penalty allocation. in order to achieve standardization and coordination, it is necessary to amend the relevant provisions of the amendment.The third part is about the legislative improvement of the high-risk driving behavior. This paper attempts to re-interpretation of the traffic accident crime by the theory of potential damage offense, rationalize the relationship between traffic accident crime and dangerous driving crime, to address the "Criminal Law Amendment (8)" in the crime-order arrangement of the deficiency. Meanwhile, i re-design the charges set, counts set and statutory penalty allocation of traffic accident crime and dangerous driving crime to more effectively achieve the final regulation in high-risk driving behavior by Criminal law.