Research On Dangerous Driving Crime And Criminal Responsibility

In recent years,"drunk driving","drag racing" lead to a vicious criminal cases often found in newspapers, time and again challenged the public and the legal tolerance limit. The newly adopted amendment of the Criminal Law of the People’s Republic of China (h)"(here in after referred to as "amendments (h)") the addition of the crime of dangerous driving,dangerous driving incriminating way of governance" drunk driving"," drag racing "serious wrongful act of endangering public life and property safety.This paper mainly focus on the criminal liability of the Crime of dangerous driving and dangerous driving offenses, the two major aspects of the problem to start on. In the first part of the article, made a brief introduction to the dangerous driving offenses, domestic and international legislation overview, and analyze the motivation and the nature of China’s additional crime of dangerous driving legislation. In the second part of the article, around the problem of identification of dangerous driving offenses, its elements, and the difference between other similar offenses and13of the Criminal Law General relationship between the analysis and demonstration. In the last part of the article, mainly around the issue of criminal responsibility of the crime of dangerous driving were discussed. Comment on the pros and cons of dangerous driving offenses, penalties, combined with the typical case judgments with the provisions of the "People’s Court sentencing guidance" on the crime of dangerous driving, criminal law discretionary analysis, finally graft the different kinds principal punishments the concurrence of the problem and the implementation of probation and community correction are discussed.