On The Crime Of Dangerous Drving

In February2011, the19th meeting of the11th NPC Standing Committee, after completing its agenda, the Great Hall of the People in Beijing on the afternoon of the25th closing. Meeting after the vote, passed the Criminal Law Amendment (h)". The amendment, the most discussed and most attention is the new crime of dangerous driving charges. Regulation of dangerous driving behavior originally belonged to the administrative jurisdiction of the increasingly rampant in recent years for dangerous driving behavior, the voice of the masses to combat this behavior gradually rising, considering the serious social dangers of dangerous driving behavior, this amendment Special to new dangerous driving offenses to be incorporated into the scope of the criminal regulatory system, provides a legal basis for the prevention of and fight against dangerous driving behavior, but also to further protect the security and social harmony and stability of people’s lives and property. At present, the academic community for many problems in view of the theory of the crime of dangerous driving, different in-depth study of the theory of dangerous driving offenses a better guide to the judicial practice has very important practical significance for solving the judicial cases. This article is based on the Criminal Law Amendment (h)"the provisions on the crime of dangerous driving, using analysis, theory with practice and research methods, described the current research status of dangerous driving offenses in China, the crime of dangerous driving new charges elaboration and introduction, focusing on analysis of its charges, criminal constitutes the boundaries between the charges, perfection of legislation and other related legal issues, including the debate to define and propose some of their insights:for example, dangerous driving offenses ought to be convicted the crime problem of identification of the "road" can not only understand the road as the provisions of the Road Traffic Safety Law, drunken standards should adhere to the alcohol content-based, awareness and capacity for action judgment, supplemented by chasing competition driving behavior subjective does not need to catch than the psychological state and does not require as a precondition to speeding and dangerous driving offenses, the penalty set should reference the foreign legislation and combined with China’s actual situation. Author this topic as the dissertation, based on the actual situation in China, on the basis of the previous theory of dangerous driving behavior analysis, and expect to be helpful in preventing and combating the practice of dangerous driving behavior.