The Research On The Crime Of Dangerous Driving

February25,2011,"Crime of dangerous driving" was adopted on the11thNational People’s Congress Standing committee, which is one of the importanthighlights and hot spots at the19th meeting of the Criminal Law Amendment (eight)". For this reason, the Supreme People’s Procuratorate and court has released theSupplementary Provisions on the Implementation of the Criminal Law of the People’sRepublic of China to determine charges (five) to supplement, modify the10charges,which clearly drunk driving behavior," drag racing "behavior to convicted ofdangerous driving offenses. This rule can effectively regulate crime of dangerousdriving in validity and relevance. Drunken driving and "drag racing" are included intothe Criminal Regulation as proprietary charges. This decision meets the Criminallegislation mode, and benefits for perfecting the criminal legal system so as to curbthe phenomenon of dangerous driving, to provide road traffic safety, public life andproperty safety.This approach is worthy of recognition, the community is also activelyfollow-up implementation. To cope with the implementation the law of "drunkdriving", The local public security organs also has been carrying out manypreparations. However, after commencement of Criminal Law Amendment (eight) onthe May1,2011, the" dangerous driving into criminal provisions" in the JudicialApplication is still in trouble, which Suffer from the controversy of the community.Thus, this article focuses on "dangerous driving into criminal provisions" in theCriminal Law Amendment (eight), and systematically analyzes the problem so as tohelp us understand, apply this rule. This article briefly analyzes crime of dangerousdriving on four aspects as below.In the first part, we talk about that set up a reasonable analysis of the crime ofdangerous driving in Criminal law. Leading to the concept of the crime of dangerousdriving first, and then on this basis, elaborated the necessity and legal basis of takingthe dangerous driving behavior into the criminal law adjustment range, we discuss the legal basis and the theoretical supports of dangerous driving behavior incrimination.Thus we from two aspects prove its rationality.In the sencongd part, the resolution of dangerous driving offenses. This partanalysis the constitute of the crime of dangerous driving offenses and penalties set, inorder to have a better recognize and understand its legal norms, to slove and improvethe problems encountered in the judicial application.In the third part，it should be noted that the legislative perfection of dangerousdriving offenses. From the perspective of judicial practice, described the boundarybetween dangerous driving offenses and innocent in detail, and the boundary betweentraffic accident crime and crimes against public through the dangerous methods, andthe problem of link up to administrative penalty.In the fourth part, the improvement of the dangerous driving offenses, first of all,explained the overseas provisions of the dangerous driving offenses, learn theadvanced from them, meanwhile, against the problem of the legislative andapplication of the dangerous driving offenses in our country, put forward somesuggestions, to improve the dangerous driving offenses.