A Study On The Determination Of The Crime Of Dangerous Driving

It has been four years from the dangerous driving offenses formally implemented;it is no doubt that this law has had a huge positive impact on society. Dangers of drunk driving and other dangerous driving behavior can be said much more popular to mostly of the people, drivers has become much convergence of their actions than before. However, the relevant judicial practice shows that the establishment of the crime of dangerous driving was a bit hasty, the corresponding theoretical foundation is not complete, in addition, this law has a lack of reasonable and effective judicial interpretation, even the crime of dangerous driving law itself, there are a lot of controversy exist. In my opinion, a person commits this crime should based on whether the driving behavior pose a threat to public safety on the road; the subjective aspect of the crime of dangerous driving is indirect intent, in judicial practice, it requires to consider a variety of many factors such as specific motivations for its identified; to identify the objective aspect of the dangerous driving crime must depend on consideration of a series of factors such as the behavior’s threaten to the public. If the dangerous driving behaviors result in harmful results, the identification of specific offenses should take into consideration of all the objective aspects about the crime.Relevant departments should improve the relevant provisions of this crime of dangerous driving as soon as possible such as making a detail specification on chasing competition driving vile, making some explanation to the harmful consequences that the dangerous driving behavior may result. For reasonably punish the driving behavior which bring different harmful results, the relevant departments also need to set up and optimize the penalty of this crime. At present, it is difficult to identify the elements of the crime in some cases of dangerous driving. The author thinks that in order to deter and prevent the dangerous driving behavior, it should start to improve the dangerous driving behavior monitoring and crackdown start from Strengthening and forensic links and other aspects. One of the development trend of dangerous driving offenses is to increase dangerous driving behavior types of this crime,however, this behavior become dangerous driving behavior types must identifywhether this behavior has a equivalent with this crime behavior.