Research On Several Issues Of The Crime Of Dangerous Driving

The crime of dangerous driving is prescribed in one of the article 133 of revised criminal law. The paragraph one states: "driving chase or competitive driving on the road with wicked circumstances, or drunk driving on the road of the motor vehicle, at the detention and fined." The paragraph two is: " with the front conduct and other crime constitutes, the behavior should be convicted and punished according to a heavier penalty ." In view of the new law practice to differ, it is necessary to reasonablely understand the crime constitution and judicial cognizance of dangerous driving crime. Moreover, the law itself also has shortcomings, so they need to be perfected.This paper includes introduction, body and conclusion.The main body is divided into three parts, such as:Part one: analysis on the crime constitution of dangerous driving charge. The object of the crime is not specific or most people's life and property security. On the objective aspect, discusses mainly the competition drive and drunk driving , and how to understand the motor vehicle and the road. The subject of the crim is the general subject , including transportation workers and the transport workers, also does not requiring driving qualification. The subjective aspect of dangerous driving charge is intent.Part two: analysis on knotty problems about judicial cognizance of dangerous driving charge. First of all, answer how to assume"if the circumstances are flagrant", and objecte publishing all of the drunk driving into the punishment. Secondly, analyze the relationship between drunk driving and competitive driving, and discusse the joint crime about the two criminal behaviors. Again, discusses whether the crime of dangerous driving has attempt of crime. Finally, this paper distinguish between the crime and the traffic accident crime,also analyze the relationship betwee the crime of dangerous driving and the crime of jeopardizing public security by dangerous methods.Part three: perfect the crime of dangerous driving on the legislation. The author consider: punish drunk driving also should stipulate that "if the circumstances are flagrant"; like-vivid driving vehicles must be punished by the crime of dangerous driving; the legal sentence of dangerous driving charge is too low, and should be adjusted for less than 3 years fixed-term imprisonment or penal servitude, and criminal fine.