The Jurisprudential Analysis Of Incriminating The Dangerous Driving Behavior

Dangerous driving behavior is a kind of behavior that seriously threatensunspecified persons’ life, health and public and private property. In most cases,drunkenness, drugs or drag racing and other irresponsible behaviors bring aboutthe happening of dangerous driving behavior. For a long time, there is no speciallaws and regulations in our country to constrain the dangerous driving behavior.In the process of judicial practice, according to the seriousness of crime ingeneral we classify this kind of crime into the accusation of traffic accidentcrime or the crime of endangering public security with dangerous methods. Butthese two accusations obviously have some limitations. Take the traffic accidentcrime for instance; this accusation requires the subjective aspects of crime mustbe negligent, at the same time to cause specific hazardous results. It is thecomponents of this crime that directly lead to the dangerous behavior standardshave certain limitations. Then we will take the crime of endangering publicsecurity with dangerous methods for instance, this accusation is mainly toregulate the crime behavior of arson, explosion, release of toxic and harmfulsubstances which is dangerous to a great extent. But whether the dangerousdriving behavior has serious harmfulness to such a degree is still a problemwhich is worth to discuss. In addition, these two accusations also have thecharacter that the degree of criminal law application is disparate, so it is notvery scientific to regulate dangerous driving behavior,“criminal law amendment(eight)” let our country make great legislativeprogress in the aspect of regulating dangerous driving behavior, because itdefine the two behaviors of drunk driving and compete driving on public road ascrime. It is undoubtedly significant to protect people’s lives and property through working out the relevant law. However, this amendment still has certainweakness since it didn’t cast off its limitations and the weakness is mainlyreflected in the following points. Firstly, it is not comprehensive enough togeneralize the type of dangerous driving. Some other dangerous drivingbehaviors which are harmful to public security are not included to the law.Secondly, it is not be regulated whether to aggravate penalty for the harmfulresults caused by dangerous driving behavior, which is incline to cause thediscrepancies in judicial practice. Aiming at this problem, this article intends todiscuss the types of dangerous driving behaviors which should be includedthrough scientific analysis and to set the corresponding punishment rangeaccording to the degree of danger. Otherwise, this article complies with theprinciple of suiting punishment to crime to put forward the theory basis aboutthe effective regulation of dangerous driving behavior.This article is mainly through the following five parts to expound theabove-mentioned view.Firstly, this part is begin with the analysis of dangerous driving behaviorfrom an overall perspective and mainly include the social and theoreticalbackground of dangerous driving behavior, the purpose of studying thisbehavior and the research significance and innovation of dangerous drivingbehavior.Secondly, this part describes the status quo and assessment of dangerousdriving behavior in our country. In the first place, I will analyze the conceptionof dangerous driving behavior as well as the serious social harmfulness thisbehavior may caused, contract and distinguish the components of this behaviorand the crime of traffic accident and endangering public security with dangerousmethods. Followed, I will dissect the legislative predicament in the regulation ofthis crime in our country.Thirdly, I will analyze the legislative practice of regulating this behavior inforeign countries which can play certain reference role to our legislative work.Fourth, through analyzing the basic principle of trusting law, I put forwardthe necessity and feasibility of independently establishing the accusation ofdangerous driving in the field of criminal law in our country in theory so thatprotect people’s life and property. Fifth, this part explains the specific legislative tentative plan ofindependently establishing the accusation of dangerous driving in our country. Iwill define the dangerous driving behavior firstly, and then through analyzingthe clauses that formulated in “criminal law amendment (eight)”, increasing thetypes of behavior which is incriminated, grading the degree of criminal behaviorto provide legislative suggestions for establishing the accusation of dangerousdriving and design law clauses for this crime.