On The Crime Of Dangerous Driving

Advent of dangerous driving crime not only filled in the system of the criminal law loopholes, and make the legislation idea by the results of our country standard primarily into the behavior standard, effectively solved the problem of the hysteresis of punishment, is our country criminal law is of great significance in the history of big events. But out of tolerance account in criminal law, the legislation has many defects, the most obvious is the legal punishment is set too low, can’t apply the recidivism and limitation system, also can’t apply to arrest the compulsory measures, and traffic accident crime, the crime of endangering public security with dangerous method of competition also is the dilemma in practice, easy to cause the same behavior conviction different embarrassment. For this reason this article in introduced the background of the dangerous driving crime, legislation evolution, after analysis and comparison the continental law system, Hitachi legislation, the legislative cases of Anglo-American law system and the present legislation in Hong Kong, Macao and Taiwan regions in our country, puts forward the scope of subject and object of the crime of extend this, increase the accomplice problem, etc. After analyzing the components of the crime of dangerous driving on the application of the dangerous driving crime in our country, the behavior type and sentencing range of deficiencies are expounded. Finally aimed at these problems put forward to improve the legal punishment, qualification, for real harm consequences set up the crime of dangerous driving offences as the result of such conviction sentencing suggestion, in order to improve the relevant legislation in our country play a driving force.