The Research On Some Problems Of Dangerous Driving Crime

About Commits drunk-driving, which is specially provided to read:"A person who chases with other automobiles when driving on the road or commits drunk-driving shall be sentenced to criminal detention and be concurrently given a fine, provided that the circumstances are grave. A person who commits any of the acts under the preceding Paragraph, thus constituting any other crime, shall be convicted of and punished by the crime carrying a heavier punishment."As one new kind of accusations, which it reflects not only the country’s determination to crack down on present increasingly frequent dangerous driving behavior, but also the criminal law theory of our country of exploration and innovation from focusing on the results to behavior. But Dangerous driving crime from the incriminating beginning to executing, now it is about over one year. This crime’s controversies have always been fierce between society and academic sector. Exactly, the incriminating and executing of this kind of accusation bring us All sorts of thinking, which it is from Legislation value to Penalty function.Hence, Dangerous driving crime is worth to discussion and research.This paper is divided into four sections to expound Dangerous driving crime’s some related issues. The First part, It introduces the Legislation value of the Dangerous driving crime.Since the Dangerous driving crime is a new crime.Therefore, Analysis of The controversy of the sin and The Support of the Theory of Legislation is conducive to draw the proper meaning of sin, which makes more comprehensive for Analysis of the Dangerous driving crime. What’s more, To expound the Practical significance of the dangerous driving behavior, So that to interpret the legislation significance of the Dangerous driving crime in our country.The second part,According to the concept and the constitution features of the Dangerous driving crime. For the dangerous driving crime subject, subjective aspect, object, objective aspect, The author respectively has been expounded.At subject, The author believes the dangerous driving crime subject is general subject. At subjective aspect, it expounded the dangerous driving crime can only subjectively be intentional. But the intentional contents are only limited to the understanding of the implementation of the behavior. As to the Purpose and degree of the behavior, which it is not included. At object, It recognizes the Dangerous driving crime Infringes upon the law profit that is public security. Which it is not specific or most people life, health and the safety of the serious public or private property.At objective aspect, It is Divided into hazard behavior, harm result, time and space performance and so on, specific aspects to analyze. The paper expounds the cognizance of the difference of the dangerous driving crime, and the differences and relations of the Traffic accident crime and Crime of the endangering public security with dangerous methods.The Traffic accident crime and the dangerous driving crime may Exist Competition and cooperation relationship. Two crimes in the subject and the subjective aspects exist significant differences. The added dangerous driving crime does not mean the dangerous driving behavior of being Originally punished by endangering the public security with dangerous methods to constitutes the new dangerous driving crime be.At the general condition, Dangerous driving behavior should not be considered one behavior of in endangering the public security crime with dangerous methods.The Third part, The author analyzes, discuss and comes up with own view,As for How to determine Road of the dangerous driving crime, whether to determine the storage battery of the Drunk driving, how to recognize the surrender, and some problems.Last, Around the dangerous driving sin behavior type, punishment setting and objective aspects the author orderly analyzed, believed that The type provision of The dangerous driving crime behavior is too narrow; Principal penalty set is not reasonable; Objective aspect is not enough clear provisions, And come up with that Dangerous driving principal penalty of sin is amended to "The fixed-term imprisonment of not less than two years", Control of the sentence.Which Can consider separate fine penalty settings; A detailed the related judicial interpretation to be clear, the unified sentencing is introduced; Dangerous driving behavior of causing serious consequences punishment regulations is explicated."The grave circumstances" is provided in Dangerous driving crime.Strict "drag-car racing"," drunkenness" and some suggestions of Determine Standard.In order to further improving the legislation, the maximum guarantee citizens’ legitimate rights.