A Study Of The Crime Of Dangerous Driving

According to article22of Amendment (VIII) to the Criminal Law of the People's Republic of China,the act of racing a motor vehicle on a road with execrable circumstances or driving a motor vehicle on aroad while intoxicated will be deemed as the crime of dangerous driving. As the cases in real life arevarious, the interpretation and application of the provisions of the crime of dangerous driving involves aseries of detailed issues. This article will discuss these issues in detail under the guidance of the basicprinciples of criminal law. Firstly, this article will analyze the meaning of "road","driving","motorvehicles",and then the author will study chase-compete driving and drunk driving separately. Whilestudying Chase-compete driving, the author analyses the specific meaning of "chase","competedriving","the circumstances are odious".In the author`s opinion, chase-compete driving shall be regarded as chase driving or competedriving. Chase-compete driving doesn't require exceeding the speed limit, and driving slowly can alsobe considered as chase-compete driving. Chase-compete driving can be carried out to a particularperson or a non-particular person, the targets to chase or compete with can be on the road or not on theroad, chase-compete driving doesn't requires contact between the actor and the target, chase drivingdoesn`t require the sense of racing while compete driving requires it. In the author`s opinion, the targetsof chase driving shall include motor vehicles,non-motorized vehicles,pedestrians,animals and other moving objects, the targets of compete driving shall include motor vehicles,non-motorized vehicles,trains,vessels and aircrafts. The author also discussed the types of chase driving.While studying drunk driving,the author deems it as an intentional crime of abstract danger insteadof a negligent crime. Also, the proviso of article13of the general provisions of the criminal law shallbe applied to the crime of dangerous driving.Finally, the author studies some details of the punishment of the crime of dangerous driving.