| China’s regulation on dangerous driving which caused the accidents are as follows:traffic accident crime, crimes against public security in dangerous methods, and crime of dangerous driving. The recent’5·7Hangzhou Hu Bin, drag racing case,’Chengdu,’Sun Weiming drunk driving case’and the’Infiniti owner’s accident at Chang’an Avenue case’are on behalf of attracting people’s attention.Chenjia, who was a drunk speeding driver, causing a traffic accident caused two deaths; three people were injured in serious consequences, fled after the incident. His behavior qualitatively, there are three opinions. One view was that Chenjia established the traffic accident crime of belonging to subjective the overconfident fault, the objective existence of the serious consequences of Traffic Casualties plot; a second view that Chenjia established the crime of endangering public safety in dangerous ways, because Chenjia faire harm results, and subjective are indirect intentional; In another view, Chenjia established the crime of dangerous driving. The amendment of criminal law (8), just a provision of drinking and driving behavior, according to the special law is superior to common law principles, should be a crime of dangerous driving conviction and sentencing.This paper refers to "Road Traffic Safety Law, the relevant provisions of the Criminal Law and judicial interpretations, and with reference to the popular view of the trial court off and academia today, analyzed the typical case of Chang’an Avenue Infiniti owner accident case. Furthermore, analysis of drunken driving involved in traffic crime, endangering public safety crime in dangerous methods, and the characteristics of the crime of dangerous driving, to study the mutual differences between the three crimes. And finally the case of qualitative in-depth analysis to look forward to deal with accidents frequent and difficult to characterize the issues dealt with effectively combat the crime of dangerous driving for drivers who ignore the law. |
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