The Disputed Issue Of The Crime Of Dangerous Driving

"Criminal Law Amendment VIII" the introduction of the implementation of marks anotherstep forward the rule of law in China, the rapid development of modern economy bring peopleinto the automobile age, but impetuous people and not ready to adapt to the speed environment,due to drunken driving and speeding led to frequent traffic accidents, brought great disaster topeople’s lives and property. However, due to legislative uncertainty, the lack of clear criteria forsentencing, and other relevant factors, resulting in judicial practice a large number of sentencingimbalances, highlights the conflict between the interests of public safety and individual justice andfails to reflect the course of justice, is not conducive to defend the credibility and authority of thejudiciary.However, as a new set of charges, to understand some of the words in the charges, theapplication of law and sentencing in the judicial practice there are still some gaps and weaknessesin specific cases pending law applies to this sin great confusion and not solution that needs to bespecific judicial interpretation and legislative amendments, such as: physiological drunkenproblems identified drunk driving standards, the charges of the sub-sector, the issue of criminallaw measure, as well as the application of probation and released on bail.In this paper, the contentious issues of the offense of dangerous driving for the study, fromfive aspects are discussed.The first part is a basic description of the problem of dangerous driving, mainly from theconcept of the crime of dangerous driving, dangerous driving behavior type are discussed.The second part is identified dangerous driving judicial dispute, whether from dangerousdriving discuss all incrimination accomplices, one crime with several crimes and surrendered.The third part is the punishment of the crime of dangerous driving, not agree with the currentjudicial practice, the punishment of the crime of dangerous driving, leading to the emergence ofthe same the phenomenon of different contractors to do this you must plan to consider sentencingfactors and criminal penalties and administrative penalties issue of convergence.The fourth part is compulsory measures of dangerous driving explore the applicability of thisarticle from the crime of dangerous driving arrest, how to apply the bail pending trial andresidential surveillance and the deadline for handling of dangerous driving problems arediscussed.The final part is the evidence about the crime of dangerous driving. This paper discusses thealcohol testing expert opinion and the collection of evidence of the crime of dangerous driving. Ofthis paper, in order for the judicial determination of dangerous driving has a certain significance.