Subjective And Objective Identification Of The Crime Of Dangerous Driving

The Criminal Law Amendment(Ⅸ) increased the crime of dangerous driving, and the crime was applied on May1,2011.Now, the crime is applicable for almost a year, in practice, the application of this sin there are many problems, mianly the recognition of this crime, that the elements of the crime, which the identification of subjective and objective grasp of this crime key. Criminal Law Amendment (Ⅸ) of the subjective aspects of the crime of dangerous driving was not clear, objective identification no detailed provisions.To solve these promblems, we must first understand the charactertics and nature of the legislative background of the crime, the concept of crimes. The crime for Perilous, drunk driving is an abstract Perilous chase competition driving specific Perilous.This subjective aspects of the crime of identification should focous on the following aspects:Firstly, the nature of this crime, what is the root of punish. Secondly, what is the crime of acts of the understanding of factors and will factor. Thirdly, the state additional criminal policy.Specifically:1, sin Perilous,the punishment of the dangerous nature of root causes of this crime.2, the crime is not the result of guilty, does not require the perpetrataor of this crime, the harm results to be aware of. Forms of Crime recoginzed the need to conside the modesty of criminal law and the state an additional criminal policy.Should also be some special circumstances in the practice to analyze the forms of identification of the Crime overnight drunk phenomena and because of the public, due to the actice and dangerous driving behavior.Forms of crime in this crime is divided into two kinds of drunken driving and the pursuit of cmpeting driving. The objective identification of this crime should focous on to grasp the following aspects:1, the identification of "road".Namely, the scope of the road.2, the identification of "motor vehicle".The motor vehicle’s range.3, the identification of the "drunken driving".Drunken standard understanding of some difficult situations in practice how to deal with drunk driving whether it be incriminating.4, the identification of "chase competion riving".Understanding of the pursuit of competing driving, asking for speeding, asking the meaning of contact, vile and understanding. Specifically:1, the scope of the dangerous nature of the crime, the scope of the road should not be limited to the Road Traffic Safety Law. For some new vehicles should be strictly in accordanc with the provisions of the country identified.3, drunken standard objictive criteria, the behavior of human blood alcohol content greater than or equal to80mg/100ml is drunk. Identification of the alcohol content is subject to test when the test is the breath and blood in two ways. However, when driving in their blood alcohol content test does not meet the alcohol driving blood alcohol content values, or the place where it does not have the breath blood alcohol concerntration test, the drives walk turning test of body balance or leg upright test. Blood alcohol content test confilcts with the breath alcohol content test results, blood alcohol concentration detection value of that standard. Driver deliberately evade the blood alcohol content test, finds that the breath test results. Site to the driver deliberately drinking presumption of drink driving or drunk drving. Based on the limits of the crime ring, the focus of judicial resources,the criminal law protection of human rights functions and other reasons, drunk driving should not be incriminated. Chase competing driving requirements along with the chase and competion driving both cases, the pursuit of competition driving is equal to the high speed, not speeding as the essential element does not require certain interesting contact between the perpetrator. Vile and identified, shoule adhere to the principle of subjective and objective combination, to consider the behavior of people’s subjective malignant behavior, the consequences of the harm caused.