Research On The Crime Of Dangerous Driving

Although there are different views in our scholars about whether to add the crime of dangerous driving, but from the point of the designation standards of the crime circle: the hazard of behavior and laws and regulations in China can't restrict it. It is absolutely necessary to add Dangerous driving behavior to criminal legislation, It is great significant to add the crime of dangerous driving in"Criminal Law Amendment VIII". The crime of dangerous driving, from the point of the criminal object, it violate Public security and the order of traffic; From the objective aspect, the behavior of this crime are drunk driving and car racing, It does not require actual damage consequence and belongs to Potential damage offense and abstract offense; From the criminal subject, Ordinary people can do it and the actia libera in causa Provide a theoretical basis; As for the subjective aspect, it is negligent crime and the negligent dangerous crimes. Reference the world and regional acts of criminal liability on drunk driving, combining the solutions of the current criminal law theory and judicial practice, the"Criminal Law Amendment VIII"have the following deficiencies: From the constitution of crime, Firstly, the dangerous driving behavior is limited to drunken driving, driving race, too narrow in scope, which should increase the driving after taking drugs; secondly, Only Potential Damage is not conducive to the provisions of the operation of judicial practice should be consequential offense caused real harm in the form of clear results of the punishment. From the penalty setting, Designation of the penalty of this crime as "a fine at the detention" is difficult to achieve fine when the severity of the offense and leading to inconsistent punishment system .So, we should improve the maximum penalty of this offense and regulate the punishment when appear actual damage consequence.