On Penal Restriction To Dangerous Driving

As social economy develops rapidly, China has entered into a motor-vehicle-increase-sharply time from bicycle kingdom when Penal Code was enacted in 1979, in the mean time it diversifies traffic offences. Restriction of dangerous driving in our country contains administrative penalty and traffic accident crime, crime of endangering public security in the penal code. However, nowadays traffic accidents become more often, and it's hard to determine the nature, especially in recent cases such as Chengdu Sun Weiming driving without license, Foshan Li Jingquan, Nanjing Zhang Mingbao extraordinarily serious traffic accident, and Hangzhou Hubin racing.In our Penal Code, restriction of dangerous driving are mainly confined to traffic accident crime, crime of endangering public security. Traffic accident crime means violating the Traffic Safety Rule, ensue major incident; crime of endangering public security means endangering public security besides setting fire, bomb, flooding, putting dangerous substance. The main differences of the two crimes focuses on behavior's subjective attitude, they are incident of being overconfident or indirect intent. However, in many cases of dangerous driving leads to serious injury and death, it's really difficult to judge behavior's subjective attitude. Meanwhile due to Road Traffic Act has administrative penalty to drunk driving, overspeeding etc., high-dangerous driving behaviors are hard to incriminate, thus can not to prevent terrible car accidents effectively. This text intent to analyze current situation of our Penal Code through case studies;bring up suggestions to modify dangerous driving rules in Penal Code and difficulty in determining nature of traffic accidents through comparison China Penal Code to foreign acts.This Text analyzes cases and comparisons, use foreign acts and theoretical research results (mostly Japan) for reference, combining local features and existing restriction form of dangerous driving, bring up suggestions to modify dangerous driving rules in Penal Code and difficulty in determining nature of traffic accidents through comparison China Penal Code to foreign acts.This text contains three parts:Part one:cases, processing results and disputed problems.It states four classic cases,shows specific situation and distinctive results of judgment. It also brings up concept of dangerous driving,summarizes disputed problems through analyzing common grounds and differences:one is dividing line of traffic accident crime and crime of endangering public security; the other is if dangerous driving can be restricted by Penal Code, that is dangerous driving rationality.Part two:Penally analysis on Sun Weiming etc.cases. First, theoretically analyze constitution of traffic accident crimes and crime of endangering public security; second, analyze differences of determination on the nature of these cases, compare court ratio decidendi;then, bring up author's point of view on court decision; Finally, bring up the point that if needs to independent incriminate dangerous driving, and introduce foreign countries' lawmaking experiences and its external effect.Part three:Conclusion and suggestion. There are two conclusions through above analysis:one,the conviction in cases is insufficient, lack of strict demonstration process;two, there are some blank spot in restriction to dangerous driving that might results in serious harms, and that make it difficult to incriminate the dangerous driving. To summarize, the author bring up the suggestion that we add "dangerous driving crime" in our Penal Code.