On The Offence Of Dangerous Driving

In2011, the "Dangerous driving offenses" was added to the Criminal Law Amendment (8), which was in line with the principle of legality and the principle of suiting punishment to crime.The establishment is conducive to safeguarding judicial justice, and realizing the prevention and protection functions of criminal law, filling the legal blank of our country, complying with the international trend.The Dangerous driving offenses is a kind of potential damage offense. The Dangerous Driving Crime’s object is the public road traffic safety; The objective aspect must be chasing with other motors or drunken driving on the road; The criminal subject is generally motor vehicle’s driver constitution; The subjective aspect is indirect intentional, the manner is immediately holds knew perfectly well that own dangerous driving behavior will possibly have the harm society’s result, but the laissez faire dangerous result will occur psychological manner.The dangerous driving offenses has just been established in our country, but there is no lack of legislative experience of other countries and regions can learn from, and one of the best exemplar is our neighbors, Japan. Dangerous driving behavior is classified as an administrative offenses by Japanese legislation, and it is regulated by administrative law, such as the Road Traffic Act, which has developed the penalty to apply sanctions against the dangerous driving behavior, and in2001, the Offences of dangerous driving causing death and injury was added to the criminal law of Japan. The penalty of the dangerous driving behavior tends to be aggravated in Japan, and the statutory sentence had been raised for several times, then the drink driving helping behavior was defined as criminal, which caused the expansion the scope of criminal subject, and prevent the drunk driving behavior from all aspects, both the whole legislative structure of dangerous driving behavior and the specific recognized standard of drunkenness, are very worthy of our country to learn from. The key of the study of dangerous driving offenses is the crime standards, in order to identify of the dangerous driving crime, we must strictly identify the potential damage of the behavior, the perpetrator’s subjective vicious, the flagrant circumstances, and so on, which to distinguish guilty or not, this crime or others, only offences or several offences. When one implements the dangerous driving behavior, at the same time commits other crimes, then he/she could be convicted and punished in accordance with the penalty heavier crime. In the judicial practice, it would normally be converted into a traffic crime or crimes against public security, so the analysis of conditions of transforming the dangerous driving crime to which of this two crimes is particularly important. By now, there is no judicial interpretation of the Dangerous Driving Crime, so the identification is still controversial and confusing. This paper, which uses of the theory of criminal law, attempts to analyzes the elements of the crime of dangerous driving, the standards for identification, and points out that the problems of identification of the offenses, and puts forward legislative proposals to address these issues.