Analysis And Application Of The Crime Of Dangerous Driving

Dangerous driving is a new crime of the" criminal law amendment (eight)", the crime of causing traffic casualties and constitute our country criminal law133rd, expressed as follows:" driving a motorized vehicle on the road to chase up unexpectedly, aggravated, or in the way of drunken driving motor, detention, a fine. With the conduct of, at the same time constitutes another crime, in accordance with the provisions for a heavier punishment shall be convicted and punished.The crime of dangerous driving in general are the main subjects, as long as sixteen years of age who can be form. but the crime only be from directly driving a motor vehicle, just vehicle traveling on member or some other related personnel do not constitute the crime.The offences of dangerous driving are deliberately subjective, including direct and indirect intention, behavior in committing such acts of knowing that such behavior will wish bringing dangerous state or allow that happens, it is. It belongs to the abstract dangerous criminal.The objective aspect of the dangerous driving crime refers to the drunk driving and chase compete drives aggravated circumstances, drunk can be from two aspects: subjective and objective, but it is generally from objective to be defined, just to meeting the legal standards can be convicted. While chasing compete drives is relatively difficult to determine, and the law has no further judicial interpretation, so in considering such situations, judicial practice should be cautious.The object of the dangerous driving crime is the road traffic safety, including road and its surrounding life and health of others in property law. The assault is much sided interest.The crime of dangerous driving in the judicial practice must distinguish differences between the crime of traffic accident and dangerous to approach the risk of public security crime, in the practice of handling related issues to be grasped. The first is introducing the relevant charges and its characteristics, and then differentiate, dangerous driving is the crime of abstract dangerous criminal, crime of traffic accident is negligence, dangerous to approach the crime of endangering public safety is the concrete dangerous criminal. How to practicing the three effective cohesion is a major task, the article is based on this and the paper puts forward some relevant suggestions. At the same time, elaborated with the administrative provisions of the cohesive relations, the last part is the conclusion which in practice, some confusing problems processing method.After the crime of dangerous driving coming on stage, in the judicial practice there are some corresponding problems, the Ministry of public security and the supreme law for drunk driving have different attitude, but in fact only two organs in methodological issues have different place, on the whole are the same, they are in order to better fight against crime, maintenance social security, at the same time, in the judicial practice of the crime of dangerous driving on the cognizance of surrender has its special situation this paper gives relevant reflection, risky driving behavior in some special cases in this crime on how to identify a certain consideration. Dangerous driving crime problem in modern society is a complex problem, sentenced to solve the problem difficultly, how the operation when the reasonable solution to the problem of the high cost of difficult execution is also a major task, this paper also gives the corresponding reflection.