Research On The Crime Of Dangerous Driving

In February25,2011,The nineteenth meeting of National People’s CongressStanding Committee have passed the eighth amended criminal law, which isamending for putting the dangerous driving behavior into the regulation ofcriminal law. It is a mark that the regulation of dangerous driving behaviorhas gone into the areas of treatment by criminal.So it is the milepost in theregulation of driving behavior. Before the dangerous driving behaviorbecomes a kind of crime, it has been a controversial issue for whether to makeit become a kind of crime. At the same time, after the dangerous drivingbecame a crime, there is also variety of different sounds about dangerousdriving crime; it is controversial about the behaviors of dangerous driving, thecharacteristics, and the elements of dangerous driving as well as theimprovement of this crime. Since the dangerous driving behavior has alreadystepped into the criminal law, we need to study the application and the processabout it as well as how to perfect the related system. This paper will also payattention to the comprehensive comparison on the legal issues related todangerous driving in other country. In the situation of a risk society, in orderto protect legal interests and comply with the trend of the advancement oflegal interests protection, Let the driving behavior become crime has itsrationality. Analyzing the constitutive elements of crime of dangerous driving.the main body of dangerous driving crime also includes other transportationpersonnel, such as a Motor vehicle manager, all the owner of motor vehiclesor vehicle contractors can constitute the main body of dangerous drivingcrime, in the subjective aspect, the author insist that the subjective aspect ofthe dangerous driving crime is negligence, the objective is main to analyze thebehaves of compete driving and drunk driving. it will mainly discusses thenature of dangerous driving and criminal liability, then, this paper argues thatthe dangerous driving behavior should be identified as abstract dangerouscrime, and it is no need to distinguish responsibility of dangerous driving through liberty action in cause. There are measures for putting forward toimprove a proposal of inadequate portion, which is concentrated in the type ofdangerous driving behavior, aggravating crime, program issues, and so on.