On Dangerous Driving Crime And Legislative Perfection

Dangerous driving crime, a new one, includes only two kinds of behavior in thearticle, one is" chase race driving ", the other is" drunk driving". It's been disputedcontinuously in the field of theory and practice since its establishment, yet noagreement has been reached. Based on the study of the theory of incrimination ofdangerous driving behavior from abroad and the recent judicial law cases, togetherwith the legislation of dangerous driving crime, the author will analyze and interprethow to correctly apply the relevant provisions of the dangerous driving crime in theexisting system of criminal law, and make a proposal on the perfection of legislationof the crime. All is to solve the current judicial dilemma and to achieve correctconviction and sentencing both to protect the public interest and human rights, andplay the positive role of regulation of the criminal law.First the author will introduce the black facts of traffic accidents in our countryand list some typical accident cases. Then from the macroscopic perspective, theauthor will introduce the lag of administrative regulations and criminal law on theregulation of dangerous driving behavior to demonstrate the legitimacy of theestablishment of dangerous driving crime. The analysis of the constituents focusesmore on the subjective aspects of the crime. Through the analysis of academic debateand judicial cases and example research method, it'll be demonstrated that thesubjective aspect of this crime which is caused by different kinds of behavior isdeliberate but different in specific contents. In addition,the criminal responsibilityand administrative responsibility caused by crime and non-crime will be defined. Bymainly discussing the penal views held by vice president Zhangjun and the currentjudicial precedents, it'll be put forward that on the basis of adherence to legality andrespect for the object evidence facts, the criminal responsibility bearing way"conviction avoidance" can be applied within the limits.And then the author will discuss the basic issues on dangerous driving crime inway of the explain theory, analyze the cease-form problem of intentional crime, and make a distinction between the two types of behavior in the crime known as theattempted crime, The paper will discuss the difference among dangerous drivingcrime, traffic accident crime and the crime of endangering public safety in adangerous way. It'll mainly demonstrates the distinction between dangerous drivingcrime and traffic accident crime, and argue that the two are theoretically related infelon and consequence in crime number sense. Based on the above, the constitutiverequirements will be further specified theoretically and the conviction and sentencingbe corrected on dangerous driving behavior in practice.Along with the affirmation of the necessity of dangerous driving crime'sestablishment, the author will point out the deficiencies in its legislation. Starting withthe constitutive requirements analysis, it'll be concluded that the indictmentdescription is too simple that the scope of regulation is narrowed, which will beresulted in other social harmful behavior's avoidance from criminal law's punishment,even the dangerous driving behavior like "chase driving" and "drunk driving" areincluded. Then, through the theory of penalty purpose, it'll be pointed that dislocationis existed between special preventing purpose and general preventing purpose indangerous driving crime, and excessive penalty for general preventing purpose mayviolate civil liberties.One main purpose of this paper writing is to perfect the crime of dangerousdriving. Firstly, it's hoped that the indictment, constitutive requirements and legalpenalty will be refined in the way of Legislative interpretation. And severalsuggestions to enrich the indictment forms will be put forward primarily throughcombining the mature legislative experience from abroad and that in our country,together with the abstract summary on the judicial interpretation of traffic accidentcrime. On the addition of control penalty and community correction, the preliminaryanalysis of their characteristics has proved that the relationship between specialprecaution and active precaution can be handled well.