The Criminal Law System Of Dangerous Driving Behavior

Dangerous driving is a driving behavior that the driver violates traffic regulations, which can result in serious danger. It includes driving without a drive license, drink driving (including drunken driving), speeding driving (including drag racing), fatigued driving, overloading driving and driving after taking narcotics or sedative drugs and so on. How to prevent and reduce the occurrence of dangerous driving behavior and more effectively protect the safety of peoples'life and property are important items and can get common concern from theorists and practitioners departments. In this article, criminal regulations of the dangerous driving behaviors are investigated from the following aspects.Chapter one, the main content is theoretical definition of dangerous driving behavior. In this part, the concept, characteristics and basic types of dangerous driving behaviors are expounded, which can pave the way for in-depth analysis of criminal regulations of the dangerous driving behavior.Chapter two, the main content is extra-territorial criminal legislation of dangerous driving behavior. In many countries and regions, dangerous driving behaviors are subsumed in the national criminal law system. Due to different history and culture, patterns of different national legislation are not consistent. No matter what the legislative pattern is, they all have a positive effect on stopping dangerous driving behavior and provide useful reference for the conviction of dangerous driving behavior in our country.Chapter three, the main content is legitimacy of conviction of dangerous driving behavior. This opinion is expounded in two aspects, ponderance of infringement of legal interests and necessity of using criminal law. There is gap in the criminal classifiction of dangerous driving behavior in our country and the conviction of dangerous driving behavior will show effective role in the prevention of malignant road traffic accidents.Chapter four, the main content is the crime constitute of dangerous driving crime. Crime object, crime objective element, crime subject and crime subjective element of dangerous driving crime are analyzed. The crime elements of dangerous driving crime are cleared.Chapter five, the main content is the identification of dangerous driving crime. The boundary of dangerous driving crime and non-crime is expounded and the difference between dangerous driving crime and Accidental events and crime of causing traffic casualties and crime of endangering public security with the dangerous method.Chapter six, the main content is deficiency and improvement of dangerous driving crime. The range and variety of dangerous driving behavior provided in the law need be widened. The conviction standard of dangerous driving crime urgently need be refined and improved. The punishment of dangerous driving crime need moderate increase and measures should be early taken to solve the conflict causing by the penalty of drunk driving.