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The Legislative Study About The Offence Of Dangerous Driving

Posted on:2013-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:X L GuanFull Text:PDF
GTID:2246330395471665Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The offence of dangerous driving has been treated as a statutory offence in our country,that is a great step to improve the legislation. As a new offence in our Penal Code, in additionof its simpilicity in provision, the offence of dangerous driving make the judicial practiceembarrased. Moreover, the legislative experience in that offence is relatively insufficient,which is the reason of causing some imperfections to improve. Therefore,this paper is to startfrom the interpretation of the provision, which is aimed at deepening the understanding of theoffence of dangerous driving. By comparing the foreign legislation and ours, the disparitywill be found. Based on that disparity, the path to improve and perfect will be proposed.At the first section of this paper, the concept related to the offence of dangerous drivingand the constitutive elements of that offence will be interpreted in a legal way. When thepaper is coming to the second section, the legislations of other foreign countries concerningthe offence of dangerous driving will be inspected. By that inspection, valuble experiencewill be selected. At the third and the last section of this paper, the imperfectments of ourPenal Code will be pointed out directly. The path to improvement will be proposedsimutaneously.
Keywords/Search Tags:dangerous driving act, dangerous driving offence, the criteria ofdrunckeness, the killed and wounded offence caused by dangerousdriving act
PDF Full Text Request
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