Discuss On The Crime Of Dangerous Driving

In order to effectively crack down the increasing road traffic offenses and create a good atmosphere for safe driving in the whole society, In the Amendment VIII to the Criminal Law of People's Republic of China, another article has been added after the provisions of article 133 as follows:"Whoever drives a motor vehicle competing with others, if the circumstances are flagrant, or drives under the influence of alcohol shall be sentenced to imprisonment and shall also be fined. If the drivers have any of the acts enumerated in the preceding contents and also commit other crimes, the penalties shall be imposed in accordance with the heavier ones."There are practical significances to add the crime of dangerous driving to combat all forms of crimes on road and traffic. However, as a new criminal offense, the constitution of crime identification, the weaknesses of law-making and other practice issues are waiting to be solved. In order to guide judicial practice by theory, ensure the law to play a better role, this article will study the dangerous driving crime from the aspects of crime constitution, practice identification, improvement of the legislation and so on.The article is divided into four chapters:The first chapter is about general statement of dangerous driving crime. By analyzing the definition of the crime and comparing the dangerous driving acts in the traffic offences, explicit the two dangerous driving acts legislated in the dangerous driving crime. Meanwhile, the first chapter also introduces the current legislative status on the crime both in and outside China.The second chapter is about the constitution of dangerous driving crime. From the aspect of judicial determination, it analyses the subject qualification, subjective elements and objective elements of the principle crime. Subject qualification: the principle crime includes the specialized transportation personnel and the non-specialized transportation personnel who are using motor vehicles. Motorbike and the modified moped are inclusive. Subjective elements: by analyzing the dangerous driver's psychology, the author summarizes the dangerous crime subjective acts are made on purpose: firstly, dangerous drivers violate the law with the knowledge of driving under the influence of alcohol and competing driving are prohibited. Secondly, dangerous drivers ignore the result when they are aware of it. In other words, they violate the traffic administrative statute on purpose and have conditional intents to lead the harmful occurrences happen due to their overconfidence. Objective elements: the author emphasizes on the two acts of dangerous driving and demonstrate the word"flagrant circumstance"as well as providing the advices of the improvements.The third chapter is tackling the difficult problems on dangerous driving crimes practice. It discusses the practical problem of the crime by comparing the fine penalties with other crimes. In the crime practical identification, the author mainly talks about how to identify the competing drive and drunk drive and further explicit it by comparing with traffic offense crime and the crime of employing dangerous means to endanger public security. The fourth chapter is about the legislative improvement of dangerous driving crime. Targeting on the weak points of its legislation, the author recommends that the legislation needs to be improved and specified. Meanwhile, the crime identification needs to be cleared, dangerous driving behavior needs to be clarified and punishments need to be enhanced in order to link up with other crimes effectively.From the previous research, the article resolves the conception and constitution of dangerous driving crime and discusses the relevant identification problems in the practice. At the same time, it analyzes the weaknesses in the legislation and provides advices with the hope of better application of the crime in the judicial practice.