Research On The Behavior Of Fatal Drag Racing

There are six parts of this thesis,about 5500 words.Part I Brief:The case of downtown drag racing causing death by Hu.Part II Case:Later than 7:00 or so,on the streets in Hangzhou,when Hu driving modified sports car drag racing with his friends,he drived Tan who was walking on the zebra crossing off the road.Tan was rushed to hospital,but he died despite efforts sunny xia.Part III The focal point of case:How to determine,what charges were and how to set sentencing the behavior of Hu's downtown drag racing deaths.Part IV Dispute and divergent idea:How to convicte and punish Hu in the above-mentioned case,there are two views:one view is that convicte and punish Hu according to the crime of traffic accident;the other view is that convicte and punish Hu according to the crime of endangering public safety in a dangerous way.Differences between the two sides debate can be grouped into three areas:the first is what kind of subjective state of Hu's mind;the second is if convicte and punish Hu according to the crime of endangering public safety in a dangerous way,is in violation of the principle of legality or not;the third is,is the"other dangerous methods"of crime of endangering public safety in a dangerous way including the behavior of downtown drag racing or not.Part V Legal principle is analyzed:This section composed by three points.The first point,by studying the contact and the difference of indirect-intention and over-self confidence faults,the relationship of the crime committed in the field of road transport and the crime of traffic accident,thesubjective state of mind when the perpetrator implementing the downtown drag racing this three aspect,to analysis subjective state of mind when implementing the downtown drag racing,presume that the subjective state of mind when the perpetrator implementing the downtown drag racing is indirect intention,not fault of over-confidence.The second point,by studying the legislative intent of stating the crime of endangering public safety in a dangerous way,the application of"other dangerous methods"of crime of endangering public safety in a dangerous way,and the extent of impairment to the public safety caused by the behavior of downtown drag racing,presume that the behavior of downtown drag racing is belonged to the"other dangerous methods"of crime of endangering public safety in a dangerous way.The third point,by studying the theoretical foundation of principle of legality and principle of punishment and responsibility conformable to crime,the legislative condition about downtown drag racing in a foreign countrys,the application of principle of legality and principle of punishment and responsibility conformable to crime in this case,to analysis the application of criminal law's basic principles,presume that convicte and punish Hu according to the crime of endangering public safety in a dangerous way is conforming to the principle of legality and principle of punishment and responsibility conformable to crime.Part VI Conclusion:By the analysis above,we know that,to convicte and punish the behavior of downtown drag racing,should according to the crime of endangering public safety in a dangerous way,not the crime of traffic accident.