On The Dangerous Driving Offenses

As a new crime appeared in the "Criminal Law Amendment (8)", dangerous driving and traffic violations together constitute the Crime of Article 133 of the Criminal Law, described as follows: "For racing car alike activity during driving a motor vehicle on road under extreme circumstances, or drunken driving of motor vehicles on the road, should be penalized with detention and fine. If there are other activities that could constitute a crime with the ones mentioned above, the activity should be convicted and punished based on the heavier penalty.The emergence of the crime of dangerous driving has been described as the voice of the times. As we all know, from the end of 2008 to the end of 2009, many serious traffic accidents occurred one after another all over the country, the case of Sun Weiming endangering public safety with dangerous means, and the case of Hangzhou downtown drag racing brought a very bad social impact, Flaws such as too light for law liability, non-uniform application of law, non-perfect bound legal provisions clearly exists in the criminal law regulation of dangerous driving behavior in our country. Therefore making dangerous driving behavior as a punishable crime is what people want. This article is based on the background of "Criminal Law Amendment (8)" introduced, from the case, combined with related charges, the nature of the crime of dangerous driving is discussed from both subjective and objective aspects in a greater detail, and is concluded with the meaning dangerous driving behavior Crime brought on this basis.Full-text of about 30000 words, divided into four chapters.Chapter one, around the concept of the crime of dangerous driving, started to introduce the characteristics of the crime of dangerous driving and dangerous driving behavior types. Focuses on the legislative background of the crime of dangerous driving, including social expectations, Japan and the legislation of other countries for reference, and the crime of dangerous driving conviction significance for the discussion of this article delineated a relatively clear and consistent starting point and speech platform.The second chapter analyzes the standard of the two implementations of the crime of dangerous driving behavior - drunk driving and driving the pursuit of competition. First, the amount of drunk driving is given a drink from the boundaries, and in varying degrees around the state of intoxication of people with criminal behavior are discussed commitments. Driving around the place chasing the race, and high-speed driving, speeding and the different circumstances of the similarities and differences define the crime of pursuing the legislative standard of driving competition.The third chapter introduces the non-fully-resolved difficulties that existed in judicial practice regarding to dangerous driving, from the cases of sunweiming and hubin. This as a starting point, summed up the subjective aspects of the perpetrator identified the factors to be considered. Focus of this chapter is based on the abstract the essential characteristics of Dangerous crime of dangerous driving come sin the form of subjective intent, and on crime and traffic accident, dangerous driving charge and other related charges for the Analysis of the subjective aspects.The fourth chapter explained the legislative significance of making dangerous driving charge as a new charge of crime, from the aspects of criminology, the purpose of the general and special prevention of the criminal law in our country and policy that combining punishment with leniency.