Study On The Judicial Application Of The Crime Of Dangerous Driving

This article aims to analyze the problems and controversy generated in thejudicial application of the process of the crime of dangerous driving on the basis ofthe comparison of different points of view, then clear and reasonable ingredients anddefects, ultimately make more reasonable views to help solving some of the issues indispute.The first part of this article is the judgment of the dangerous driving crime. Firstis the identification of the objective aspect of the crime of dangerous driving in roadvehicles, chasing competition driving and drunken driving. These concepts defined onthe basis of all incriminating drunken driving. I agree with the view that drunkdriving is not all incriminating, and Section13of the Penal Code,"but the book canbe used as the theoretical support for drunken driving is not all incriminating judgedrunken driving behavior whether the circumstances are obviously minor, there islittle risk standard It should be specific. I suggest, as the motor vehicle driver’s bloodalcohol content of100mg/100ml relative can not distinguish between safe drivingand absolutely not safe driving standards.Identified in the subjective aspects of the crime of dangerous driving part, Iagree with the crime of dangerous driving subjective sin in the form of intentionalpoint of view, that the perpetrator knowingly dangerous driving behavior may occurthe abstraction dangerous hazards of road traffic safety, wishes or allows such a riskoccur. Offence Form subjective judge of dangerous driving behavior and resultsshould not be fragmented.The second part of this article is divided into the relationship of the crime ofdangerous driving and related offenses. First of all, the behavior of dangerous drivingcaused by the negligence of a major accident, causing serious injury, death or heavylosses of public or private property, should be established the traffic crime rather thanthe offense of dangerous driving. Second, the abstract risk evaluation by dangerousdriving is more relaxed danger that distant danger of real harm results, the crime ofendangering public safety by dangerous means specific evaluation danger. Specificdanger to the constituent elements of the concrete of Perilous elements, and thus to determine whether a dangerous driving behavior constituted the crime of endangeringpublic safety in a dangerous way, specific judgments shall be based on all the factsidentified afterwards.The third part of this article is divided into the dangerous driving offense judicialapplicable. First of all, deliberately dangerous driving on the Crime of the form,provide the possibility for the Criminal Code to punish abetting acts of dangerousdriving and helping behavior. Second, the maximum punishment prescribed is lessthan five years in prison should contain the offense of dangerous driving, statute oflimitations period is also five years. Some of the dangerous driving behavior willotherwise escape the law. Explaining methods of drinking and driving a motor vehicleis punishable by fines and administrative detention, the circumstances are obviouslyminor, there is little risk of drunken driving behavior may also be liable to a fine ofadministrative detention."Road Traffic Safety Law" the relevant provisions of thedriving license revoked, this is very useful for the fight against and prevention ofdangerous driving behavior.