The Research Of Dangerous Driving Cirme

With the rapid development of China’s society and economy andthe rising standards of our lives,there has been a qualitative leapin motor vehicles. However, the pros and cons coexist, on the onehand, motor vehicle provide facilities for people’s life andproduction activity, but on the other hand,it risks the social andpublic safety. For example, the higher rate traffic accidentsrecently leads to a car crash and the tragedy of the death of people.We know that it’s impossible to eradicate the traffic accident risk,as a result, the criminal legislation is used to prevent the trafficrisk, and hope to control risk to greatest extent. Dangerous drivingis added to the Eighth Criminal Amendment, and achieve the aim ofregulating the behavior of dangerous driving in public transportfields. However, the controversy over the theoretical issues for thecrime of dangerous driving has been continued without interruption.Such as, controversy focous on whether to add dangerous driving intothe criminal law or not. But when the dangerous driving has becomethe law, there have new disputes such as how to define the dangerous driving; how to confirm the subjective of the crime; how to confirmthe standards of dangerous driving and how to improve relevantlegislation and so on. Academic controversy differs from man to man,some theoretical issues need to clarify urgently.I intended to talkabout my point in this article, and the paper is divided into sixparts:In the first part, the author briefly clarify the legislativebackground of the crime of dangerous driving by means of analysingthe domestic social life of the new situation and new problems aswell as foreign enactment of legislation, and illustrates thenecessity of adding dangerous driving into the criminal law.Meanwhile, the author attempts to define the dangerous drivingoffenses.The second part, With the four elements as the major tool,theauthor analyse the constitution of a crime of dangerous driving, anddescribed the controversial sector of the issues and also put forwardmy own views. And then I clarify the theoretical issues in the crimeof dangerous driving.The third part, the life of the law is applicable, The author focus on the problems that exist in the criminal judicialdetermination, such as how to confirm the standards of qualificationin the judicial practice, as well as how to deal with the relationsbetween the dangerous driving offenses and other related crimes.Handling these problems properly, helped to determine the crime andto distinguish the crime or other crimes, and finally to achieve thepurpose of criminal law.The fourth part, The function of criminal law is ultimatelyattributed to the sentencing. From the perspective of sentencing,the author has presented some of his point of view, and clarify somefactors that may affect the sentencing of dangerous driving.The fifth part, I mentioned some matters that need to attentionin the area of criminal justice from the perspective that thedangerous driving offense become the law as a misdemeanor. The legalpunishment of the crime of dangerous driving is up to detention, wecan say that it is a typical misdemeanor. The author explore someissues of the crime of dangerous driving in the proceedings that canbe regarded as an innovation of this article.In the last part, I raised some proposals to perfect the legislation for dangerous driving.