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Chase Race Drive Type Of Dangerous Driving Crime

Posted on:2013-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:J SunFull Text:PDF
GTID:2246330395973054Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of social economy, let the car become people travelimportant traffic tools, simultaneously has also brought the traffic safety accident thisnegative products. In2009, took place in Hangzhou’s two traffic accident accidentcaused a nationwide controversy, but also promote the dangerous driving crimelegislation process. Along with the criminal law amendment (8) release, in May2011,dangerous driving sin as formally started the implementation of new charges.The general situation of chasing race drive behavior of the social features, andthen to chase race drive type of dangerous driving behavior from "chase race beat","road","motor vehicle","driving" by the aspects is discussed.The author thinks that the current "chase race beat" lack of accurate explanation,chasing race beat although from literal meaning should be two or more persons jointlycrime to form, but in practice, this behavior is not necessarily to two or more personsto constitute a crime; It doesn’t have to be to speeding for sufficient and necessaryconditions, should inspect road of the objective situation of judgment. Chase race beatalthough in competitive, the pursuit of stimulation as motivation, but also not to therequirement for necessary condition. To "road" understanding, the author thinks thatdangerous driving in the concept of road traffic accident should be and in the conceptof road consistent, but the scope of the road can be more interpretations to community."Driving" behavior, the subjective needs to have the intention of the driving, whichwill have a driver specific behavior. To "vehicles",should comply with the national standard definition of motor vehicle."What is plot bad"? that need clear explanations,and puts forward from the objective factor and subjective factor, legal factor threeaspects to comprehensive evaluation; In actual judicial operation, in order to chaserace drive behavior and public risk causal relationship between the close degree, canfrom ought to factors and discretionary factor two aspects, and lists the commonseveral cases. To pursue race drive type dangerous driving derived traffic accident anddangerous means to endanger public security sin analyzed, chasing race drive typedangerous driving sin in the subjective aspect and objective aspect, punishment resultsall has the obvious difference with traffic accident; With the dangerous means toendanger public security sin in expression form have similarities, can from intentionalcontents, driving behavior way, after the accident behavior pattern three aspects tocomprehensive judge.
Keywords/Search Tags:chase race drive, components, Boundaries
PDF Full Text Request
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