Study On The Crime Of Dangerous Driving In The Criminal Law

As the most populous country in the world, China has now grown into the biggest auto consumption market universally. Accompanied by the surging of vehicle ownership, traffic accidents result from a variety of dangerous driving are on the rise, which pose great hazard to individual safety and property. Notably in recent years, dangerous driving has led to a series of vicious traffic accidents, arousing wide attention from the public. To conform to safety concerns of the citizens, the legislature has enacted regulations in<Criminal Law Amendment (Ⅷ)> to curb dangerous driving and ensure road safety. This dissertation aims to study and explore this conviction in order to better understand it and apply it to real situation.This dissertation is composed of three parts, namely introduction, body and conclusion. The introduction elaborates on the course of how dangerous driving gradually becomes a subject of the legislation. There are four chapters in the body.Chapter One is an overview on the crime of dangerous driving. Mainly, this chapter clarifies the meaning of the term in law, and by elaborating the nature of the crime, so as to ensure the correct understanding and application of the offense.Chapter Two is devoted to the constitution of the crime of dangerous driving and its discrimination. The analysis of the constitution of the crime is based on the traditional four elements constitute theory, and then gave a detailed explanation of how to distinguish this crime.Chapter Three discusses the penalties of the crime of dangerous driving. It mainly introduces the provision and application of the penalties of the crime of dangerous driving, and in consideration of the effect of the penalty, discusses the purpose and trends of punishment of the crime of dangerous driving.Chapter Four describes some extraterritorial legislation on the crime of dangerous driving and their implications to our country. Primarily, relevant legislative provisions on the crime of dangerous driving in Germany, Japan, the United States, Canada, Spain and Macao will be introduced and through comparison, implications to our legislation on dangerous driving will be concluded.