Recognized By The Dangerous Driving Crime Judicature

The punishment on the dangerous driving crime is not only the public opinion choice but also the legal choice and the inevitably need for the development of society. Based on the criminal law itself, the punishment on the dangerous driving crime as principle can be used to treat the awkward situations that the majority of dangerous driving behaviors without the severely impaired consequence have to face the heavy penalty. Looking from the transportation behavior itself, the punishment on the dangerous driving crime can effectively make up the vacancy between the traffic accident crime and the common illegal activity, and reduce the possibility which the dangerous driving behavior can escape the penalty from the criminal law.The subject for dangerous driving crime is only restricted in the natural person driving directly motor vehicle who is older than16years and can bear the criminal responsibility. The object for dangerous driving crime is the highway traffic transportation safety. The indirect intention is the subjective performance for dangerous driving crime. The objective performance for dangerous driving crime concentrates in following aspects, driving motor vehicle, the chase on the path to compete driving, the alcoholic intoxication.Compared with the traffic accident crime, the dangerous driving crime faces the behaviors with lighter harms, the treated scope is narrow slightly objectively, and the total legal effect is much lighter, so it can be a supplement to treat some accidents in which the traffic accident crime is not applied. The dangerous driving crime to a great extent included in the harm public security crime with dangerous method, fills the gap between the traffic accident crime and the harm public security crime with dangerous method and play the obvious and effective role in treating the dangerous driving behavior. After the dangerous driving crime entering the punishment, there still are some legal matters in the aspect of road traffic security. The range treated by the dangerous driving crime has not covered the driving after taking drugs, the driving without license, driving vehicles without the safety performance, the reversion travel in highway or the one-way street, the over-speed in one-way street and other dangerous driving behaviors. But from the judicial practice analysis, the above behaviors entering punishment is essential and feasible. The dangerous driving crime turns some behaviors originally treated by "Road traffic Act of Security" into "Criminal law" in the standard system, which creates the blank in the original legal framework which should be considered and revised in the future law practice.The dangerous driving crime in the criminal prosecution showed the characteristics such as the short detection periods, the simple evidence constitution, the investigating way with strong dependence, simple trial program. The unreasonable application of the investigation power by traffic control department objectively limits the law enforcement potency in the aspect of processing road traffic crime. The automobile information recording instrument has the strong practical significance in the treatment of road traffic crime, and can meet the need in three aspects of the technical characteristic, the promoted cost and the evidence potency.