A Study On The Determination Of The Crime Of "Double - Super" Type Of Dangerous Driving

From the Dingyuan big accident case to protect high-speed car accident case of Tianjin, then serious traffic accident case, a description of all cases of serious overloading speeding dangerous driving behavior has to have strict regulation point. "Criminal Law Amendment Nine" for the first time seriously overloaded speeding dangerous driving behavior as incriminating treatment in order to force through the legal means to play a role, better to do such dangerous driving behavior and regulation process.Theoretical circles there has been a criminal form of dangerous driving sin of many disputes, judicial practice are often different standards of law enforcement will occur, combined with our criminal legislation on overloading and over-speeding is also not perfect, resulting in the practice of overloading and over-speeding regulation, there are some difficult. Therefore, this paper overload from sin framework dangerous driving speeding behavior of common patterns and characteristics of view, by overloading speeding types of crimes committed and the elements begin to analyze, a clear "double super" behavior under specific offense characteristics and composition, simultaneously with the general administrative regulations, traffic crime and other crimes carried out discrimination, these charges are each characterized by a clear distinction and to obtain "double super" types of dangerous driving sin informative interpretation.While speeding through the overloading of the punishment for dangerous driving behavior played a role, according to the survey data also show that in this way in practice paid off, but the law itself lag, limitations, etc., of the there are still areas for improvement on overloading speeding Regulation. By introducing Japan, Germany and other countries in the relevant provisions of overloading legal achievements speeding aspects, drawing on these national legislation, put forward to improve our current method counts vague scope unclear issues such as countermeasures to build a more rational legal system.