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On The Sin Of Dangerous Driving

Posted on:2013-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:X Z ZhaoFull Text:PDF
GTID:2246330395988612Subject:Punishment law
Abstract/Summary:PDF Full Text Request
" Criminal law amendment (eight)" promulgate, can be said to be China’s"criminal law" in the continuous improvement process and an important milepost."Criminal law amendment (eight)" the most worthy of the focus of the twenty-secondnew provisions of dangerous driving. As early as in motion just forward of the sinsuffering from attention, dangerous driving. Dangerous driving crime in punishmentis enjoy popular confidence, make it is made up of China’s" criminal law" ondangerous driving behavior prevention after defects, to fill the" criminal law" in thecrime of traffic accident and dangerous to approach the crime of endangering publicsecurity gap between.However, there is no perfect. China’s" criminal law amendment (eight)"although the provisions of the crime is so dangerous driving. As a master of law fromthe jurisprudence, the newly promulgated the moment it is lag. The master’s wordsinevitably some exaggerated elements, but it is a good illustration of a simple truth--any seemingly perfect laws are more or less have some defects, this paper mainlydiscusses the author of dangerous driving crime awareness and understanding, isdivided into five parts.The first part: mainly introduces the concept and characteristics of crime ofdangerous driving.The second part: this part is to introduce the constitution of the crime ofdangerous driving. The constitution of the crime of dangerous driving, the mostcontroversial is the subjective aspect. Many authoritative scholars deny its subjectiveaspect is overconfident negligence.The author thinks, dangerous driving subjectiveaspect of the crime of intentional.The third part: mainly discusses the dangerous driving crime and non-crimeboundary, including drunk driving and driving drunk boundaries, chase competedrives and speeding boundaries, other dangerous driving behavior crime andnon-crime boundary.The fourth part: mainly elaborates the dangerous driving boundary of crime of, mainly introduces and traffic accident crime, the crime of endangering public safety ina dangerous way of difference. Because the behavior of people in violation ofdangerous driving. Meanwhile there may constitute the two charges related to thecrime, the author also analyzed the dangerous driving while violating other crimesshall be convicted and punished problem.The fifth part: with the judicial practice in some cases to illustrate how toimprove the dangerous driving crime.
Keywords/Search Tags:dangerous driving, drunk driving, crime chase, competedrives, boundaries perfect
PDF Full Text Request
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