Review On The Crime Of Dangerous Driving

With the sustained and speedy development of social economy, the number of automobile in our country is on the rise. The prosperity of transportation brings convenience to people's daily life, but also leads to gigantic risks for our lives and security of property. The frequent traffic accidents give rise to comparatively menace to journey safety for folk and the security of public community. Among them, dangerous driving behavior plays an important role at initiate traffic accidents all along. Restriction to dangerous driving in China before implementation of the Eighth Amendment of Criminal Law contains administrative penalty and the crime of intentionally endangering public security, the crime of causing traffic casualties in the criminal law. However, the problem of hard to determine the nature in recent typical cases at the area of dangerous driving become increasingly serious.In the field of criminal law, dangerous driving behavior should be adopted the generalized concept, particular consideration must be taken on its subjective attitude and the specific violations to the legal profits in the period of criminal demarcation. The main differences between two crimes focus on behavior's subjective attitude, indirect intent or incident of being overconfident .Nevertheless, a lot of cases of dangerous driving leads to serious injury and death, it's really hard to determine behavior's subjective attitude. So, this article attempts to analyze present status of our criminal law and typical cases, use foreign theoretical research results and legislation, for the purpose of providing the suggestions to modify the rules of dangerous driving in China Criminal Law.The academic circles have three opinions about dangerous driving behavior's conviction and sentencing: the first, bring into the crime of intentionally endangering public security; the second, as the crime of causing traffic casualties'aggravation punishment plot; the third, add dangerous driving crime in our Criminal Law. This article applaud the third opinion. According to the Modesty of Penal Code, we should be recognized the lead status of the executive measure in governance of dangerous driving behavior. In the meantime, the control of dangerous driving has not exhausted other methods. We must strengthen the law enforcement under the current regulations. Take the effective publicity and social linkage mechanism to improve the current situation.