The Analysis Of The Crimes And Review Of Legislation On Dangerous Driving

Correct understanding, applicable criminal law on the crime of dangerous drivingregulation, it is legal workers face new topic. Because law the inevitable abstract, todangerous driving charge need to discuss the sin a relatively consistent and comply withthe consensus of the legislative spirit. On the other hand, the criminal law on the crimeof dangerous driving regulations still exist obvious limitation, the legislation there existgreat explore space. It is this paper expatiates the reason, is also in this paper to solvethe problem.The first part of papers:"the road" and "motor vehicle" definition. This is adangerous driving two actions of SINS to must have of the elements. The so-called"road" understanding, should with the law of the People’s Republic of China on roadtraffic safety law of the relevant provisions of the agreement that refers to a highway,urban roads and is in the unit jurisdiction but allow society of motor vehicle trafficeverywhere, including square, public parking lot for public transportation of places. Theso-called "motor vehicle," shall refer to the road traffic safety on the motor vehicleregulation, but not limited to wheeled vehicles. Public transportation management intothe scope of caterpillar vehicle also should be included in the scope of motor vehicles.Part two:"chase race drove" and "drunk driving" definition."Chasingcompetition drive" is carefully ShengZao after lawmakers of vocabulary, the writersshould is the embodiment of the legislative intent, reason should be strictly follow thecontext requires explanation."Chasing competition drive" should be driving too fast forthe premise. For "drunk", an ideal drunk judgment standard should be with relativelycertain objective standard is given priority to, give consideration to the subjectivecriteria. The so-called relative certain objective standard, it is to point to to bloodalcohol content to achieve a certain threshold value range rather than a fixed point forobjective standard, can consider to a blood alcohol content reach60mg/lOOml-110mg/lOOml for the standard, not to reach its of the lower limit, and not the crime; Toreach the upper limit, shall be deemed to be drunk; And in that threshold value rangebetween, then through the balance ability and determination of the scientific method totest whether the drunk.The third part of the thesis: dangerous driving conviction plot requirements. Chase race drove constitutes a crime, if the circumstances are flagrant to condition.Chasing the objective behavior competition drive the dangerous level should be judgewhether if the circumstances are flagrant core index, and to combine the actor’ssubjective vicious, actual damage, and other comprehensive judgment. For drunkdriving constitute dangerous driving sin, the criminal law and no plot specific aspectsrequirements, but this does not mean that a drunken driving will be condemned. If canstill use the existing judge a drunken standard, the drunk driving into sin is not allreasonable.Part four: dangerous driving the review and improve the legislation of sin.Criminal law on dangerous driving behavior type of regulation range too narrow, will bedangerous driving sin set to abstract dangerous crimes, the criminal law against thetolerance spirit, also can cause the penalty of the norms of imbalance. Should byexpanding dangerous driving behavior into the type of sin range, and will be dangerousdriving sin set to specific dangerous crimes shall be perfect rulemaking. In addition, weshould put the consequences of dangerous driving and penalties as aggravatingindictment and aggravating the legal punishment shall be regulated by the, to areasonable for punishment, and appropriate to define the dangerous driving and othercrimes sin of the relationship.