Research On Theoretic Foundation, Identification Of The Dangerous Driving Crime And Its Legislative Improvement

As is known to us all, the social harmfulness of dangerous driving is extremelyobjective.By setting a new article of crime in criminal law-The crime of dangerous driving,our country has turned the original administrative punishment into criminal punishment,intending to contain this kind of behavior as well as to acquire effective regulations on it.Theory and judicial practice circle keep positive attitude towards the necessity of thislegislation. Based on the elaboration of the basic concepts and characteristics of dangerousdriving offense, this paper also launches comments on the legal basis of establishing thiscertain article and further points out the existing problems of the scope of its application.Besides, this paper presents more details about this legislation from both microscopic andmacroscopic angle.The crime of dangerous driving in the micro-level includes the constitutionof dangerous driving offense, dangerous driving behavior pattern, and punishment of thecrime of dangerous driving; While the theory of risk society, risk criminal law,the free causetheory of drunk, and Criminal Law Modesty principles are to be stated from the macro-level.Although dangerous driving offense has been put in the judicial practice, but it also has muchto be desired. Regardless of the specific issues noted in the micro-level and how todemonstrate their consistence in accordance with its legal basis at the macro level, there stillremain many problems to be explored. Of course, the danger of dangerous driving is beyonddoubt, how to prevent the occurrence of such harmful behavior with a combination of theexisting legal system and the new charges is another tough problem that needs to be resolved.Namely, how to coordinate administrative and criminal penalties and the internal relationshipswithin criminal penalties (the relationship of this crime and other crime), has a strong guidingsignificance for judicial substantive departments to apply the law correctly. On the basis offull understanding and use of domestic and foreign research data, this paper has adopted casestudy method, comparative study of law, theory with practice and other study methods. Thispaper is mainly divided into three parts:From a macro point, the first part grasps and explains the legal basis about how thedangerous driving behavior incriminates, and discusses mainly from two aspects---the foundations of law sociology and criminal jurisprudence, and thus leads to the risk societyand risk of criminal law theory. At the same time, on the basis of drawing lessons from theacademic study of crime drunk at home and abroad, combining with the crime of dangerousdriving, the paper analyzes drunken driving conviction from both the action liberty in clauseby the drunk and the theory of abstract Perilous.The second part elaborates four elements of constitution of a crime of our traditionalcriminal law theory. Firstly, it analyzes a preliminary constitution of The crime of dangerousdriving. Then in view of the special constitution of the crime of dangerous driving, it explainsand analyzes the identification of the “principal”“sin”“road”“drunk driving” chasecompetition driving “vile” etc, and related the issues on my own point of view.The third part presents my personal opinion of the improvement of this crime legislation,through the method of including legislation will take the control of national spirit medicinesor narcotic drugs (including take drugs) after motor vehicle driving and overloading motorvehicle driving two actions into dangerous driving behavior of the range of sin. Through themethod of legislative explanation clear further dangerous driving sin and traffice offences, ina dangerous means to endanger public security of the distinction between the sin. Finallydiscusses how to perfect the dangerous driving the punishment of crime set and suggestion ofdangerous driving the law sin revised.The crime of dangerous driving,as a new type of crime, there are a few of monographsand articles for systematic research and analysis on The crime of dangerous driving. Thus,before writing this article, I read a lot of related documents and hope to provide pounds ofmodest means in the theory and judicial practice study.