Judicial Cognizance Of Crime Of Dangerous Driving:Difficulties,the Demarcation And The Perfecting Suggestion

According to the Criminal Law Amendment VIII issued by the Standing Committee ofthe National People’s Congress on Feb.25th2011,Dangerous Driving Crime,a new crime toregulate improper driving behaviors,has been formally added into the Chinese Criminal Law.The crime of dangerous driving is a serious violation of traffic regulations，driving a motorvehicle on the road chasing the competition driving，aggravated or drunk driving motorvehicle on the road against non-specific human life，health or safety of major public andprivate propertydangers driving behavior. Such behaviors used to be regulated under theAdministrative Law,and have now been brought into the Criminal Law. However, the issue ofdangerous driving conviction has been a controversial topic. Under the current legalframework, how to identify the crime of dangerous driving is required. So how to identifydangerous driving offenses needs specific criteria, which should be fulfilled by defining theformation of dangerous driving. On the basis of the above, the paper defines standards of thecriminal constitution of dangerous driving, and points out the problems of identification. Keywords: dangerous driving; identify; the standard of constituting a crime.