Studying On The Convicted Of The Dangerous Driving

The prosperity of transportation plays a pivotal role in promoting social progress. However, every coin has two sides. It meanwhile leads frequently traffic accidents, especially major and vicious ones. People's lives and property have been seriously harmed. Faced with increasingly severe traffic safety situation, the Amendment to the Criminal law of the people's republic of China (Ⅷ) has been passed and written the Drunk Driving and Racing behaviors into Criminal Law. But the paper insists that the behavior of drunk driving and racing is just one of the reasons causing traffic accidents, and the most important reason for traffic accidents is dangerous driving. In this paper, the Criminal Law has been questioned. Subjective aspects that should be indirect intention and legal punishment which is too low, and we should write the dangerous driving into Criminal Law which includes Drunk Driving and racing behaviors. This dissertation is mainly composed of five parts. The first part will be devoted to examine the status of China's traffic safety and legislative gaps, which proves the necessity of establishing the crime of dangerous driving. In the second part, we will analyze the legislative model of other countries and regions, which proves the feasibility of establishing the crime of dangerous driving and make references to our country. The third part is mainly introducing the different opinions of experts about dangerous behavior and put forward my view which writes the dangerous driving into Criminal Law. The four part will lay down the theoretical foundation for convicting the dangerous driving in several parts, such as Serious social harm of the dangerous driving,accordance with the movements of criminal policy,Constituent Conditions of the crime of Dangerous driving. The five parts will propose a legislative formulation of the crime of dangerous driving, which will be presented on the basis of analyzing the constituents of this crime and reference to foreign legislation. The Legal Penalty Arrangement of the Crime of Dangerous driving in our country will be proposed at the last of this paper.