The Judicial Determination Of Dangerous Driving

Since the application of the Eighth Revision of Criminal Law, dangerous driving violating the public transportation laws appears quite commonly, so does the cases of conviction and sentencing as a result. Opinions of people from all social circles and media are widely divided on this issue, while experts and scholars in the law circle hold different ideas on the judicial application of the crime of dangerous driving. The author here regards that the judicial application of the crime of dangerous driving deserves deeper research. It creates a solution to the determination and constitution of the situation when dangerous driving does not result in severe consequences and builds a bridge between general illegal behavior and traffic accident, and is thus helpful in decreasing the possibility of escaping punishment in dangerous driving without severe damages. The thesis here discussing the judicial application of dangerous driving is of great theoretical and practical value.Chasing competition driving and drunken driving are the two types of dangerous driving. What requirements should chasing competition driving meet, whether it has a specific limit on speed and is the range of "the road" broad or narrow are the major points that this paper will delve into in the research on car racing. What drunken degree should a person reach, what are the requirements for actor in terms of his or her ability of responsibility, and under what condition should overnight drunk and drunk driving due to public duty be determined as crime, are within the range of discussion about dangerous driving in the form of drunk driving.The subjective psychology and subjective fault of the driver toward the harmful behavior is undoubtedly the focus of argument in the theory circle. The offence form of dangerous driving should be one of indirect intention. It can only be intention instead of negligence. Considering the crime liability of the actor and how to punish the offender more reasonably, the thesis here introduces the normative theory of culpability. As for the matter that whether to evaluate the criminal behavior mainly on subjective factor or on objective factor, the author here sticks to the principle of consistency of the subjective with the objective. The first point of article133of our nation’s criminal law defines only the circumstance of chasing competition driving as that it should be a serious case. How to evaluate the degree of public danger should be the key point in judging whether it should be considered as a serious case. Looking back on our law system, there is no related regulation about the circumstance of drunk driving. The thesis here regards that drunk driving should be restricted by the "proviso" and advocates no differentiation in its circumstances.The research on the criminal forms of dangerous driving is complicated, which includes the concurrence of single crime and multiple crimes, the concurrence of this crime and another crime, and the existence or not of the patterns of joint crimes. When drunk driving simultaneously constitutes other crimes, the author advocates observing the most serious crime. There exists, of course, joint crimes. The thesis here will give a detailed distinction. The other focus of theoretical research is the argument between behavioral offense and dangerous crime.The thesis analyzes the distinction between dangerous driving crime and its related crimes from both subjective aspect and objective aspect. The actor may be imposed administrative punishment due to the infringement of other people’s rights as a result of dangerous driving, or may be determined as dangerous driving crime as a punishment only of the actor’s intention without serious damage, or may be defined as traffic accident crime as a punishment of the damage the actor causes though without initial intention to do so. The most severe situation is when the actor endangers public security and when the actor has the subjective intention of the happening of the damage and the severe damage does come into existence, under which condition the actor will be determined as crime of endangering public security in dangerous ways.