The Research On Regulation Of Criminal Law On Dangerous Driving And Some Comments On Article 22 Of Amendment Viii To The Criminal Law

Dangerous Driving is a new accusation added to Amendment VIII to the Criminal Law in 2011. The accusation has ended the broad public discussion on"whether dangerous driving should be incriminated"and objectively played a proactive role on creating a moralized and ordered atmosphere for transportation. However, it is still debatable on whether incrimination of dangerous driving is rational and effective in resolving the predicament of judicial practice.Based on this, the author of the thesis has carried out researches and divided the thesis into three parts: introduction, the main part and conclusion.In the introduction of the thesis, the author has pointed out the purpose of the research that is to raise some suggestions of improve the regulation of criminal law on dangerous driving through analyzing the status quo, predicament and shortages of the regulation.The main part of the thesis is divided into four chapters:The first chapter has analyzed reasons of high incidence of road traffic accident and summarized relevant charges of dangerous driving from current criminal law based on current situation of China's road traffic accident. The author has firstly briefed the status quo of road traffic accident through a series of data and listed several accidents of drunk driving and drag racing which have caused wide public attention. Then the author has analyzed the reason of high incidence of traffic accident from three aspects as driver, road traffic facilities and other players of traffic. The author has finally summarized relevant accusation of dangerous driving from current criminal law which are crime of traffic accident, crime of endangering public security by dangerous means and crime of dangerous driving and has given comprehensive analysis on the constitutive elements of the abovementioned crimes.In Chapter II, the author has done case study based on the court decision and pointed out the judicial practice and predicament in dealing with cases of dangerous driving. The author has selected several cases that have caused wide social attention and debate to make in-depth analysis on the court decision and to raise question on whether the relevant case should be incriminated to the crime of endangering public security by dangerous means and has finally expressed the position that dangerous driving should not be classified under the crime of endangering public security by dangerous means.In Chapter III, the author has made comprehensive analysis on the practice of adding dangerous driving into Amendment VIII to the Criminal Law. The author has firstly given positive comments on rationalities which are catering to public requirement, improving the constitution of crime law and playing proactive role in curbing serious offense to transportation law and then has analyzed the shortages which are lacking of definition on scale and variety of dangerous driving, ambiguous standard of incrimination, light prescribed punishment and indeterminate charges cohesion in case of serious consequences.In Chapter IV, the author has raised thoughts on improving regulation of criminal law on dangerous driving. On one side, the author has raised suggestions on improving the scale of dangerous driving by introducing foreign legislation on dangerous driving which are stipulating drunk driving, driving after drug taking, driving without license and chasing driving, and has clarified the incrimination standards respectively. On the other side, the author has raised the thought of improving configuration of criminal law on dangerous driving by analyzing basic principles of criminal law configuring a sin legal punishment.The last part is about the conclusion. The author has made summary and conclusion on the thesis.