Case Analysis On Beijing Drink And Drag Racing Of 3 Young People

With the development of modern society, the emergence of drag racing hazards of urban road traffic safety a big problem. Not only seriously affect the normal traffic management order, but also a threat to the broad masses of the lives and property. In August 2008, Beijing Chaoyang District Court for the first time that the" crime of endangering public safety in a dangerous way," to three young men drink and ride recklessly and had been sentenced. As our law currently does not act against the relevant provisions of drag racing, Beijing three young people drag racing case has aroused widespread controversy in theory community and judicial practice.This article first through the constituent elements of criminal law theory, from the objective and subjective aspects of the case would constitute the crime of endangering public safety in a dangerous way to conduct a legal analysis. Then each of the traffic accident and the fault of the crime of endangering public safety in a dangerous method of crime and the crime of endangering public safety in a dangerous way to compare, through the analysis of crime or not crime, the case came to the conclusion of the crime of endangering public safety in a dangerous way.Found on the drag racing case, the dispute reflects the absence of our legal system. Motorcycle racing such as the increasing proliferation of new cases, I believe that it is necessary to conduct drag racing to give legal meaning and nature of the identification. On the one hand, should learn from China's SARS period, legislative experience, introduced for the drag racing-related acts of judicial interpretation. On the other hand, we may learn the enactment of legislation related to foreign countries. In our existing legal system, based on the behavior of drag racing, acts of drink driving legislation will be perfect, and to take legal advocacy, establishment of a social linkage mechanism and other means to improve people's legal awareness.With a view to the case of China in the future identification of motorcycle drag racing to provide a legal solution.