Research On The Crime Of Dangerous Driving

With the further development of industrial society, global risk society has alreadyestablished. Modern science is now deeply changing people’s lifestyle. It bringsunimaginable risks to traditional society while providing huge convenience to people’slife. In risk society, criminal law, as the protection law for people’s rights, it not onlyneeds to pay attention to crime protection, but also to focus on risk control. Only by sodoing, can criminal law truly realize its effect of “providing against possible trouble,eradicating crimes before it develops”. Under the circumstance of entering into risksociety gradually, the Eighth Amendment to Criminal Law establishes the crime ofdangerous driving as a new crime, which amends the inefficiency in regulating andcontrolling activities of dangerous driving. It also represents our criminal law’s positiveresponse to the need that risk society demands for criminal legislature. In this paper, theauthor conducts the research of crime of dangerous driving from the view of the EighthAmendment to Criminal Law.There are four parts, about30,000in this paper.The first part, the author summarizes standards of criminalization in academicworld. The fundamental t standards are the popularity and regularity of a behavior,serious social harm, the necessity of criminal law’s regulation, and compliance ofcriminal law’s effectiveness. Currently, dangerous driving behaviors represented bydrunken driving and chasing driving show a high occurrence rate. Dangerous drivingbehaviors cause serious social harm, but administrative measures do not have enoughintimidating power; thus, it needs criminal law’s intervention. However,1997CriminalLaw has obvious defects in regulating dangerous driving behaviors. Therefore, theauthor thinks it is reasonable to add crime of dangerous driving in China.The second part, the author conducts researches in constitution of crime, nature ofcrime and its differentiation with other crimes. The author thinks the object that crime ofdangerous driving violates is public safety; the mens rea of this crime is intentionally.The nature of crime of dangerous driving should be regarded as concrete potential damage offense instead of offense of act or abstract potential damage offense.Compared with traffic crime and crime of endangering public security by usingdangerous means, this crime has obvious differences; there are also concurrence andtransformation relationship in those crimes.The third part, the author introduces foreign legislative experience, and analyzesfive aspects by comparison: type of behaviors, scope of conductors, mens rea,identifying of accounts and penalty of this crime.The fourth part, on basis of integrating the former discussion, puts forwardlegislative proposition of improving crime of dangerous driving. The author proposesthat it is necessary to add types of behavior in crime of dangerous driving; addrequirements of criminalization to drunken driving; add offense of consequences andoffense of aggregated consequences. Moreover, in allocating penalties, it should allocateprincipal penalty appropriately, add long term qualification penalty or even a drivingban for life.