Dangerous Driving Crime Research

The NPC Standing Committee vote by the Criminal Law Amendment Ⅷ in February25,2011.The public abhorrence of the two" killer road "-drunk driving," drag racing"behavior officially incriminated. With the May1st,"Criminal Law Amendment Ⅷ"official purposes, around the "drunk driving Detention" have emerged. May11, theSupreme People’s Court vice president Zhang Jun said in the criminal trial of the courtsthroughout the country forum on drunken driving to be investigated for criminalresponsibility should be careful, should pay attention to administrative penaltiesconvergence, should not be drunk driving to be identified a criminal offense. For atime a strong response of dangerous driving have to be discussed. Dangerous driving,the object of study, and analyzes applicable to the specific problems of dangerousdriving, judicial and contrast at home and abroad under the relevant legislation,inadequate legislation on the crime of dangerous driving in China put forward a soundproposal to apply to be beneficial to China’s legislature and the judiciary.This entire article is divided into five chapters. The first chapter is dividedinto three parts: first part discusses the Criminal Law dangerous driving behavior intothe crime of the need for both to play a penalty deterrence function, and for today’straffic environment complexity, to combat high-risk driving behavior, the needs of theprotection of human rights. The second part analyzes the objective elements of the crime of dangerous driving,drunk driving, chase competing legal characteristics of the driving behavior, the formeris abstract Perilous, which is guilty of the plot offense. The third section describesthe regulatory system at this stage of China’s relevant administrative regulations ondangerous driving behavior.The second chapter, through access to related publications, online informationto the legislative provisions of the penal provisions of the dangerous driving sin ofJapan, the United States and China’s Hong Kong, Taiwan and China’s dangerous drivingoffenses to be compared to draw our dangerous driving offenses shortcomings.The third chapter, specifically applicable to the crime of dangerous driving, from theElements, the relevant concept definition of dangerous driving offenses, the judicialapplication of the relevant boundaries specifically identified.The forth chapter, shortcomings for the crime of dangerous driving in China, the authorfrom four aspects to be proposed to improve, such as expanding the scope of the crimeof dangerous driving conviction, to increase the magnitude of penalty, to changecharges.