Dangerous Driving Offenses

During the year of2008and2009,there happened many pretty serious accidents, such as "Hang Zhou5.7and8.4","Cheng Du12.14" and "Nan Jing6.30", these accidents brought the mass be in great nervous, and directly caused the newly added Article133of Amendment(VIII) to Criminal Law of the People's Republic of China, the Supreme People's Court stipulates that "drunk driving" and "whirlwind driving" belong to the criminal acts, which is a great breakthrough in law-making.After the Amendment (VIII) to Criminal Law took effect, a great dispute between the Supreme People's Court and Supreme People's Prosecutor aroused, the key dispute is whether the police should take a criminal detention of the suspect when detect he or she commit that kind of conduct. Besides, whether the "whirlwind driving" must exceed the legal speed, whether it must commit with others.If he or she does know that he or she only could drink a little, but still drink to drunk, and drive the motor vehicle, when the police test his or her alcoholicity in blood, it can not reach the standard the criminal,but do have the same dangerous with others whose alcoholicity almost over the criminal standard,how to deal with that?This paper focuses on these realistic problems and based on the theory of criminal structure, concretely and precisely explain the background of the legislation of the dangerous driving, what is dangerous crime? What kinds of facts should happen if the police want to punish the driver? How to recognize the dangerous driving and other similar crime, lastly, how to cope with other kinds of dangerous driving, which have the similar dangerous even much more dangerous than "drunk driving" and "whirlwind driving"This paper mostly emphasizes on those justice practical problems, and offers the writer's own advice,the writer hope it would be helpful for the justice practice.