Research On The Crime Of Standard Of The Crime Of Dangerous Driving

In recent years, drunk driving and chasing of major accidents caused by drivingbehavior continue to stimulate the public’s nerves, in order to protect the interests ofthe public, to combat and prevent the dangerous driving behavior, in February15,2011the eleventh meeting of the nineteenth NPC Standing Committee passed the"criminal law amendment (eight)", twenty-second of which added "one of the133rdarticle of the criminal law", as the crime of dangerous driving rules. New legislationsymbolized our country put drunk driving and competitive driving behavior intocriminal law regulation scope, and the move make a good effect.However, because the law of the crime of dangerous driving crime standard istoo vague, causing a lot of controversy in the judicial practice, this paper tries to startfrom the dangerous driving crime overview of related concepts, the crime ofdangerous driving crime standard clear, subjective aspects of crime of dangerousdriving crime, the current standard and relationship between the crime of dangerousdriving crime standard evaluation of criminal law, crime of dangerous driving crimeand improving the standard of five aspects, for the crime of dangerous driving crimestandard problems is studied, the risk to the existing standard driving crime clearlydefined, and to be perfect, in order to adapt to the judicial practice and theory ofcriminal law for the crime of dangerous driving requirements.In the first part of this paper presents an overview of the crime of dangerous driving, first of all,from the necessity of dangerous driving behavior harm increasesand modify the provisions of the criminal law can not be effective before theregulation of dangerous driving behavior and introduces the dangerous drivingbehavior into criminal from criminal law principle, and introduces about the crime ofdangerous driving successful legislative experience, and its significance for ourcountry to the crime of dangerous driving crime.The second part of this paper focuses on the concept of crime of dangerousdriving crime standard makes a clear definition. From "chasing the concept ofdriving" and "vile" to chase driving type of the crime of dangerous driving crimestandard, from the concept of "drunk driving" it explains the concept of the type of thecrime of dangerous driving drunk driving conviction criterion, and clearly defines theconcept of "road" and "motor vehicle".The third part focuses on the subjective aspect of the crime of dangerous drivingcrime and the relationship between the standard. In this paper, the dangerous drivingcrime in the nature of the abstract dangerous crime, but it does not mean that thedangerous driving crime does not harm results, public traffic safety danger is theresult, behavior person to this result is the emergence of negative attitude, thesubjective fault, but human behavior in the subjective need not on their owncompetitive driving behavior whether to achieve the "vile" level of understanding.The fourth part of this paper is on the crime of dangerous driving crime criminallaw evaluation of current standard. First, the severity of the consequences of dangerfrom the judicial practice of driving behavior, only in the dangerous driving crimestipulated in "drunk driving" and "aggravated chase driving" two kinds of dangerousdriving behavior range is too narrow; secondly, in the current criminal law the crimeof dangerous driving, will "plot bad" as the pursuit of driving behavior into criminaldegree standard, too vague,"alcohol content in the blood of the drunk" standard islimited to the provisions of the state of the driver is greater than or equal to80mg/100ml of the state, is too single, and objective, negative subjective initiative ofthe administration of justice in judicial practice.In the fifth part, this paper tries to perfect the crime of dangerous driving crime standard. The author combines with the significant risk theory on "vile" standard to beclear, with the proviso provisions do diversification of drunk standard, in order tobetter meet the need of judicial practice. The meaning and types of dangerous drivingbehavior, and the theory of criminal law, legislative perfection of the crime ofdangerous driving crime for standard, make amendments to the current criminal law,in order to better play the criminal law for the crime of dangerous driving regulationrole.