On The Crime Of Dangerous Driving Judicial Application

Since the implementation of "Criminal Law Amendment(8)", the case that have been sentenced fordangerous driving has emerged from all over the country.This not only caused hot by the academia andthe media, but the different judicial organs have also expressed different views. Therefore, the authenticityof the understanding and application the crime of dangerous driving, not only has important theoreticalvalue butalso has important practical significance. In view of this, the crime of dangerous driving is discussed in detail inthe paper.The paper is divided into four parts:The first part introduced the elements of the crime of dangerous driving and dangerous driving behaviortypes. Focuses on the legislative background of the crime of dangerous driving, and the nature of the crime ofdangerous driving. As to the nature of the crime of dangerous driving, different scholars have different views,some scholars believe that the crime of dangerous driving is guilty of acts; Some scholars think that the crimeof dangerous driving is Dangerous Criminal; Some scholars believe that the crime of dangerous driving notonly is Dangerous Criminal but also guilty of acts. In view of the nature of the crime plays an important role inJustice, the nature of the crime of dangerous driving has been detailed analysis and pave the way for thefollowing three sections.The second part focuses on the issue of drunk driving Whether it be all into the sentence or not, in thetreatment of punishment on this issue, the three organs have wo different points of view, the differences ofunderstanding result of judicial applicable not uniform. So, how to properly understand the drunk driving lawhas become a crucial question. To correctly understand the drunk driving offenses must accurately grasp theDangerous Criminal features, while drunken driving law without the word "plot", but it is still a plot committed,the plot is "drunk". Merely one of the traffic offense of drink driving, drunk driving is a serious drink-drivingbehavior，it is a serious traffic crimes, this is generally illegal and criminal Legislative convergence relationsindicate that13of the Penal Code General Provisions,"the circumstances are obviously minor "shall no longerapply to drunk driving behavior. In addition, drunk driving is a abstract Dangerous Criminal, and the judgmentof abstract danger depends on behavior, As long as the degree of "drunk" and driving a motor vehicle will provethe existence of abstract danger, sufficient to constitute a crime, the risk of size only affect sentencing, can not affect the conviction. Because the issue has more contentious and response in the community, so this articlecarried out a detailed analysis on the issue, And come to the conclusion that drunk driving should be All intothe criminal. The same time, analysised the right to interpret of drunk driving in the criminal,discretion of thecourt on drunk driving cases,and the issues of conviction and sentencing about the crime of dangerous driving.The third part proceed from constitution of crime of the crime of dangerous driving, combined with theprovisions of the Criminal Law Amendment (8)", by the analysis of the main body of the crime of dangerousdriving, the subjective aspect, and the Objective aspect of the crime of dangerous driving, discussed the guiltyand un-guilty of the crime of dangerous driving, and discussed the relationship of the crime of dangerousdriving with the crime of causing traffic casualties and crimes against public security by dangerous behaviors.The fourth part of the essay mainly discussed that the point of view of the Public securityorgans, procuratorial organs, courts should agree on this issue-in judicial practice how to properlyunderstanding and application of the drunk driving law, how to coordinate the point of view of the Publicsecurity organs, procuratorial organs, courts is directly related to drunk driving cases Can get the right treatmentor not. In addition, discussed the simplify of judicial handling procedures and the perfect of the oversightmechanisms for the operation process of the judicial power.In order to ensure the accuracy Judicial Application of the crime of dangerous driving",this article wasbased on the background of the Criminal Law Amendment (8), combined with related Charges, detaileddiscussed the nature of the crime of dangerous driving,"drunk driving Whether it be all into the sentence ornot"; and discussed the＂serious circumstances＂," Road "," drunk " of the crime of dangerous driving and theidentified of the other dangerous driving behavior. The crime of dangerous driving, as a new charges ofnewly introduced in the near, under the framework of the existing criminal legislation how to correctly apply,resolve the immediate judicial predicament, significance is quite significan for guiding judicial practicet.