Research On The Crime Of Dangerous Driving

With the development of science and technology, the invention and a large number of investment of the automobile is a symbol of entered a modern transportation society. With the national economic income rising ceaselessly, the domestic automobile manufacturing and sales industry has developed fast. Until the end of June,2011,the total number of the vehicle is amounts to217000000, of which98460000cars all of the country. The number of the cars is more than70000000. However, every science invention is a double-edged sword, at the same time of convenience our life, the traffic accidents due to the illegal driving behaviors has increased year by year, with the cars is the main representative of the modern traffic tools caused offence, occurred widely in modern society. Dangerous driving behaviors is not just the present problems in China, it also exists in the worlds," dangerous driving" has become the most serious crimes of against public security to the personal safety and property. The problems of dangerous driving in our country is even worse. Recent years in our country, the traffic accidents caused by drag racing and drunken driving and dangerous driving behaviors is multiple, there is a high incidence trends occurred, it is a serious threat to the broad masses of the people and their lives, health and public and the private property. In recent years, the serious traffic accidents cased by dangerous driving motorized vehicles can not be stopped, the harm consequence is extremely serious, it has an extremely bad social impact, especially case a strong public indignation. On the legal regulation of this kind of problem, our country is a developing country.In February25,2011, China held the nineteenth eleventh session of the National People’s Congress Standing Committee meeting, it adopted the" PRC Criminal Law Amendment (eight)", the regulation of the amendment make it clearly:drive a motorized vehicle on the road to chase compete drives, aggravated, or driving with drunken, will be punished by criminal detention and pay for the fine. With the above behaviors, at the same time sets up another crime, there is a provision that the offender shall be convicted and punished in accordance with the stern punishment. This provision shows, our criminal law will considered drunk driving、racing driving behavior as a crime, it called the criminal of dangerous driving. "To chase and race against on the road" and "driving with drunk " is in the field of criminal law, it is a reflection of the demands of the public, but there is not exists a detailed, specific standard to convict and sentence the dangerous driving crimes. The first chapter of this article elaborated the present situation of dangerous driving crime and the rule of law in our country, and made an analysis on the basis of the theory and practiced. The second chapter introduced the analysis of dangerous driving behaviors on the legal, including the crime elements of dangerous driving behaviors and specific problems appeared in the application to this crime. The third chapter made a contrast with dangerous driving crime and the crime of traffic accident, the crime of threat the public safety with dangers ways, analysis of the links between the three and the boundary, put forward the specific application problems of the crime which should be paid attention to. The fourth chapter elaborated the problems in criminal legislation and judicial practices,by comparing to the foreign legislation on dangerous driving behavior, discussed some representative problems in the criminal legislation and judicial practice, put forward the perfect proposal in the legislation and the judicial field of our country’s dangerous driving crime.