Wine You Type Of Crime To The Qualitative

In this paper, attention Zhao Xiangyang drunk driving case basis, from the subjective guilt, object of a crime, type of crime, behavior and results worthless , against the results of other aspects of the case in a drunken traffic accident for the crime, dangerous driving crime and the crime of endangering public safety, the application. China's criminal law for endangering public safety in a dangerous crime, traffic crime and the crime of dangerous driving provisions of the emergence of certain cross, for the country's fragile justice presented more challenges. In this paper involves three counts of cases start by reflecting the three controversial case of specific crime of conviction in the judicial application problems; through specific sentencing controversy, the possibility of looking forward to the sentencing judge the meaning of our theory; describes three kinds of charges by the specific theory characteristics, analysis of comparative analysis of the three charges, the final decision in principle to establish three kinds of charges, how to distinguish between types of criminal drunk driving conviction to establish standards to strengthen the judiciary for the three cases to grasp.In this paper, case study writing mode is divided into three parts, about 20000 word.First Division for the introduction, this paper describes the research background, research methods and topics of significance, the article summarizes the framework structure.The second part is the case, by the case, disputed cases, the focus of the dispute case, conviction and sentencing of the legal case of four parts. In this paper, Zhao Xiangyang case as a starting point, and then leads to cases of controversy and the focus of controversy, focused on how the Crime, the crime of dangerous driving to the crime of endangering public safety issue to distinguish between three kinds of charges. There are three counts of the concept, characteristics summarize, analyze three kinds of charges of the principle of distinction. Conclusion that the case conclusion.The third part of the case to get inspiration, mainly in similar cases for the Crime, the crime of dangerous driving to the crime of endangering public safety in the judicial practice, how to determine the problem.In this paper, Zhao Xiangyang case study as background to how to distinguish between traffic crime, the crime of dangerous driving to the crime of endangering public safety as the main contents in the hope of legal analysis through three counts of similar cases in future will provide some help.