A Study On The Competition And Transformation Of Crime Of Dangerous Driving Crime And Traffic Accident

Dangerous driving offenses was February 25, 2011, "People’s Republic of China Criminal Law Amendment(eight)," National People’s Congress Standing Committee of the Eleventh People’s Republic of China adopted at the Nineteenth Meeting of the additional charges, also in recent years one type of crime much wider attention. In recent years, when in reality there is "racing" and "drunk driving" behavior, worse still lead to very serious consequences, since the crime of dangerous driving into the sentence, judicial practice deal with a lot of instances, more famous such as: "Gao Xiaosong dangerous driving case", "Chen case" "Du Jun," etc., with the increase in the administration of justice, theory and practice are also on this new type of crime in a fierce debate, this paper focuses on the relationship between crime and traffic accident conducted.The full text is divided into four parts, the main contents are as follows:The first part is the background of the case review and analysis. This section describes the major review "Gao Xiaosong" drunk driving case and "Du Traffic Accident" of the incident and the outcome of the trial court, explained the focus of controversy in this group of cases: identification of dangerous driving penalty fight crime and traffic crime when competing and dangerous driving offenses and traffic accident crime sentencing of the configuration of the case conviction fightThe second part is an analysis of the legal issues related to the case. This section combines two separate cases against the basic theory related cases were related to general discussion, mainly on the legislative purpose of the crime of dangerous driving, as well as the subjective aspects of crime, the criminal objective, the results appear different crime and sentencing come on traffic crime and dangerous driving offenses were compared and analyzed to study the problem of boundary traffic crime and dangerous driving offenses between.The third part of the case is thought-provoking questions, discuss the competing and transformation dangerous driving offenses and traffic crime, and gives therelevant conclusions.The article in case the start of dangerous driving offenses and traffic crime comparative analysis of different aspects of the identification of both subjective and objective aspects of behavior, such as harmful results, to distinguish between the two crimes, and finally according to the theory, with practice, to build their own research on the thought crime of dangerous driving and traffic crime Coincidence and transformation.