Dangerous Driving Behavior Research On The Regulation Of Criminal Law

In recent years, the cases of dangerous driving, seriously endangering the health of the public and property safety. A variety of drunk driving behavior, road racing accidents brought huge negative effect, judicial practice and the public on a variety of dangerous driving behavior is cherish an undying, cause whole society to the road traffic safety concerns grow with each passing day. As the" criminal law amendment ( eight)" come on stage, risky driving behavior in criminal law is defined as dangerous driving crime legislation in our country, it is a kind of progress, for the judicial organs to deal with dangerous driving case provided legal basis. For dangerous driving, crime, it is necessary to analyze its constitutive requirements, find out its legislative and judicial shortcomings, and puts forward the reasonable proposal.The structure of the paper is divided into three parts:The first part is the analysis of dangerous driving behavior of serious harm to society, in view of foreign on dangerous driving behavior are provided, and the criminal law of our country in the regulation of dangerous driving behavior," criminal law amendment ( eight)" dangerous driving behavior has its rationality basis.The second part analyzes the dangerous driving on the crime and penalty. Dangerous driving crime and violations of the object is the social public security; objective performance in the path of the chase compete drives and drunk driving behavior is the main driving motor vehicles; natural person; subjective aspect is intentional; dangerous driving crime in penalty impose detention fined, take the principal penalty and the supplementary punishment and applicable form, but the penalty of flaw is not set qualification penalty. Dangerous driving crime penalty to punish the crimes effectively, is advantageous to the prevention of crime, can effectively improve the public awareness of the law.The third part mainly according to the front of the two part of the analysis, put forward to perfect the criminal regulation of dangerous driving behavior suggestion. In the legislation to improve risk driving offense of conviction standard, with serious results on penalties; put forward to perfect the judicial judgement standard of dangerous driving behavior; sound and dangerous driving related crime and punishment; criminal law, civil law and administrative law formed the comprehensive management mechanism.