The Discussing On Our Country’s Criminal Law Crime Of Dangerous Driving

The current our country society with the high speed development of economy, The public life andconsumption levels are obviously improved, And then there are more and more people will motor vehiclecapsule into their transportation industry. However, the motor vehicle in the travel and bring convenience topeople, but also give social public security has caused some hidden trouble, From2008to2009, such ashappened "drunk driving, chase race drove", and a series of traffic accidents can be seen. In the current risksociety and traffic accidents predominantly situation, in order to adapt to the general public to punish dangerousdriving behavior of the call, and Finally the National People’s Congress standing committee on February25,201119meeting held, and through the amendment of criminal law (8)", Dangerous driving behavior into formalcriminal law regulation scope, will be for the sin-and the traffic offences together form the provisions of article133of criminal law in our country.As a new type of criminal law on the crime, theory and practice in the condemnation, about theimprovement of the system of punishment sentencing and still have some quite a lot dispute, The author tries todangerous driving the concept of crime and basic properties, the thesis analyzes the dangerous driving of thecrime of structure and judicial determination, At last, by some foreign countries and regions are the dangerousdriving the crime of legislation, analyzes the present in the regulation of dangerous driving the problems anddefects, and put forward the learn from foreign advanced experience of legislation to perfect our country’s lackof legislation. Among them, the author dangerous driving the legal nature of sin, statutory setting puts forwardhis own opinions and ideas.This article in addition to the introduction and conclusion, the text is divided into the following four parts:The first part: an overview of dangerous driving criminal crime. First of all, this part introduces the conceptof dangerous driving sin and basic characteristics. Second, according to different standard of dangerous drivingbehavior, the classification of sin and dangerous driving the legal attribute of the author puts forward his ownideas. Finally, the reference international confirmed practice, this paper analyzes the legislative background ofdangerous driving crime, and combining the actual situation of the current our country that set up the necessityof dangerous driving crime.The second part: dangerous driving of the crime of composition. The author of the crime of traditional stillat the four elements mode, analyzes the characteristics of the crime of dangerous driving form, and put forward its own views. First of all, the subject of the crime of dangerous driving, the author thinks that, not only includesTraffic transportation workers, but also including the transportation of personnel. Second, the author thinks that,the subjective aspect of the crime of dangerous driving includes both direct intentional also include indirectintentional. Finally, the author, from behavior conditions of dangerous driving crime, plot conditions, spacecondition and object conditions analysis the objective aspect of dangerous driving criminal crime.The third part: the judicial recognition of the crime of dangerous driving. First of all, the author analyses thedangerous driving standard of crime and non-crime, It is distinguished from belongs to the administrativepunishment within the scope of general traffic accidents, and the conviction and sentencing process should payattention to the. Secondly, the dangerous driving crime and traffic accident crime and the crime of endangeringpublic safety in a dangerous way to differentiate, of the three in the constitution of crime on the similarities anddifferences, and is raised when the dangerous driving behavior at the same time constitutes the crime of trafficaccident or dangerous to approach the crime of endangering public security for the conviction and sentencingproposal. Finally, the author from the dangerous driving crime number recognition, morphological andaccomplice of dangerous driving crime problem, and the controversial issues put forward their views.The fourth part: Chinese and foreign dangerous driving crime investigation and comparison. The sectionthrough the list of Europe and the United States and China’s Hong Kong and Macao regions on the legislation ofthe crime of status quo of dangerous driving, Comparative analysis of China’s current legislative defect of crimeof dangerous driving, and then put forward to draw lessons from the successful experience of legislation of thesecountries to improve China’s legislation, and the dangerous driving crime law set up perfect put forward theirown views, the author hopes for future related legislation and the judicial interpretation of benefit.