Research On The Crime Of Dangerous Driving

The creation of the crime of dangerous driving is one of the highlights of the "Criminal Law Amendment (h)". Its establishment is a positive response to demand judicial practice of criminal legislation, embodies the attitude and commitment of the countries to crack down on dangerous driving behavior, strong protection of the public a sense of security, and played an active role to maintain transportation order, and ensure public safety. But it is undeniable that the offense of dangerous driving is still inadequate and need to be improved. This paper tries to start from the concept of the offense of dangerous driving, a comprehensive analysis of the constituent elements of dangerous driving, in order to correctly grasp the real meaning of the offense of dangerous driving and applicable standards, and make recommendations so that the offense of dangerous driving legislation to perfect, better play positive role in the fight against crime, protect the legal interests of. This paper is divided into five parts, the basic content is as follows:The first part introduces the concept of the offense of dangerous driving and the status of legislation. Further clearly identified through the analysis of the concept of the offense of dangerous driving, a dangerous driving behavior constituted the crime of dangerous driving substantive standard is whether the behavior is a serious threat to public safety, and this ought to be clear of dangerous driving areas. According to the law of the crime of dangerous driving, drunken driving and chase only race driving two dangerous driving behavior to be criminal law evaluation. By examining the relevant legislation of the countries in the world and China’s Hong Kong, Macao and Taiwan regions dangerous driving behavior, to understand the basic trend of dangerous driving behavior legislation and relevant content, to deepen understanding of the offense of dangerous driving. Brief introduction of our legislative background and specific provisions for the offense of dangerous driving, and further validate dangerous driving behavior incriminating necessity.The second part, around the constituent elements of the crime of dangerous driving, detailed analysis discusses the object of the offense of dangerous driving, objective aspect, the main content and subjective aspects. Identified as similar object of the offense of dangerous driving public safety, the direct object of the Transportation Security. Then chase competing driving and drunken driving two categories of dangerous driving behavior analysis chase race driving behavior and drunkenness classification standards, penalties explore the unique conditions of the two kinds of acts constitute a crime. The subject of a crime, the subject of a crime is considered a general subject, specifically includes not only drivers, but also including non-driving staff. Non-driving staff to become the subject of a crime is based on the establishment of a common criminal drivers. Subjective aspects of subjectively indirect intentional crime of dangerous driving.The third part discusses the differences and competing crime of dangerous driving and similar offenses. Finds that the crime of dangerous driving and traffic crime objectively subjective aspects there are differences, there are significant difference in the object of the crime, objective aspects, subjective aspects of endangering public safety in a dangerous way. At the same time from the theory of criminal law, judicial interpretation and application of practice aspects elaborated offense of dangerous driving and two charges of competing.Part FV, according to the relevant provisions of the Criminal Law, Criminal Procedure Law, and demonstrated in detail the difficult problems of the offense of dangerous driving there is a dispute in judicial practice, successively elaborated argument shall be incriminated in the case of existing law, drunken driving, dangerous driving behavior can pardon convicted and dangerous driving can be applicable to detention, arrest coercive measures shall not apply views and reasons.The fifth part, based on the many problems, the proposal to put forward to improve the crime of dangerous driving legislation since the implementation of the crime of dangerous driving. Proposed to expand the adjustment range of increase incriminate standard, to perfect that standard, perfect penalty measures and based on configuration.