The Affirmation Of Dangerous Driving Crime And Legislative Perfection

In order to curb the worsening transportation safety, the Criminal Law Amendment (h)"added the crime of dangerous driving, the establishment of the crime of dangerous driving, not only strict criminal French, but also to achieve early intervention of the criminal law on dangerous driving behavior, for the protection of the people life and health and property security has played a very important role. Practice effect from the point of view, the crime of dangerous driving play a very important effort. The field of traffic safety is expanded the scope of the punishment of criminal law, but also to achieve early intervention of the criminal on dangerous driving behavior. The dangerous driving behaviors included chasing competing driving and drunken driving. First, for the pursuit of competition the identified should be both subject and objective grasp. Chase competition driving the danger of the competition behavior mentality and behavioral factor to judge. Secondly, for the drunken driving should be indentified in accordance with the relevant state drunk. Crime for drunken driving and dangerous driving should be meet the basic requirement of article13of the general of the criminal law, the behavior is little risk to exclude outside.The Criminal Law Amendment (h) prescribed the dangerous driving offenses, but there are some defects. Firstly, the constituent elements of the crime of dangerous driving is not clear; Secondly, the scope the dangerous driving behavior is too narrow; Thirdly, the dangerous driving offenses, the penalties set unreasonable. The plight of the law left over from before which makes the criminal law amendment has not been resolved, the criminal law is appropriate to expand the scope of the identification of dangerous driving behavior, drug addiction and other behaviors into the adjustment range of the criminal law, and dangerous driving and reasonable set of dangerous driving offenses legal punishment.