Several Lssues In Research Of Dangerous Driving Crime

The current situation of our country's traffic safety is increasingly serious. The public has initiated the intense attention to the dangerous behaviour of driving . But on the other hand, to the dangerous behavior of driving, there exists the problem of insufficient legal regulation, so the Criminal Law Amendment (viii) integrates the dangerous behavior of driving into the setting range of criminal law. Thus the punishment scope of the criminal law is expanded in the traffic safety domain, criminal law net is stricter, and prior intervention of the criminal law to the dangerous behavior of driving has been realized.The place of dangerous driving is not restricted in the highway but in the road. The dangerous behavior of driving includes two situations: competitive chase driving and drunk driving. The definition of competitive chase driving should be grasped from both subjective and objective aspects and distinguished from the usually called drag racing. Drunk driving should be recognized in accordance with national related testing standards for alcohol. Its subjective aspect may be indirect intention or fault. The recognition of crime of the dangerous driving must meet the legal requirement for circumstances. Crime of the dangerous driving for competitive chase driving requests the circumstances to be odious. The odious circumstances should be judged based on the integrated factors, such as, the environment in which the perpetrator is, the potential danger of the behavior of competitive chase driving, the mentality of the perpetrator, etc. Crime of the dangerous driving for drunk driving should also be consistent with the basic requirements for circumstances in ArticleⅩⅢof General Rules of Criminal Law.There are some defects in crime of the dangerous driving stipulated in the Criminal Law Amendment (ⅷ): first, the behaviour of drunk driving because of using drug and spiritual narcotic drug has not been integrated into the setting range of criminal law; Next, the statutory punishment has not been established for the situation of causing serious results by the dangerous behavior of driving. This results in the left dilemma for the law application before the criminal law amendments having not been resolved. So it is suggested that using drug and spiritual narcotic drug be integrated into the setting range of criminal law and the statutory punishment be established for the situation of causing serious results by the dangerous behavior of driving.