The Sino-Japanese Contrastive Analysis Of Dangerous Driving Crime

With China’s economic aggregate ranking second in the world, the motor industry as an important part of our economy is on the way to a golden period of development, but at the same time, the increase in the number of cars indirectly lead to frequent traffic accidents. According’to statistics, in2009, there were238,351road traffic accidents, resulting in67,759people died and275,125people injured, which included the number of deaths caused by drunken driving, with an average annual growth rate of7.3%. Although the public security and other related departments constantly manage them, drunken driving and dangerous driving behavior remain incessant. Especially facing the current situation, quite different penalties for the same dangerous driving behavior, practitioners and theorists have different opinions.Under this circumstance, on February25,2011, Amendments to the Criminal Law of the People’s Republic of China (VIII) was passed in Eleventh National People’s Congress Standing Committee19th meeting. To some extent, the amendment reduced frequency of traffic accidents. However, there is no clear distinction between crime of endangering public safety in a dangerous methods and traffic crime, so that it’s difficult to convict someone who causes serious consequences of such crimes in our country, which caused great controversy in the practice and theory. Therefore, hoping to solve the problem above, the author will give advice for juridical practice after contractively analyzing differences of dangerous driving sin between China and Japan, and discussing advantage and defect of legal rules about our dangerous driving crime.This paper is divided into four chapters. In the chapter one, the author expounds our country’s dangerous driving crime in several dimensions, including background and purpose of formulating the penalty, and elements of convicting this crime. The elements compose of legal interest that the criminal violates, objective manifestation, subject of crime and criminal’s subjective attitude. In order to comprehend dangerous driving crime, it’s necessary to pay more attention to definition and distinction of keywords such as danger, driving and serious circumstances of the crime.In the chapter two, according to Penal Code of Japan and Road Traffic Act of Japan, the author expands on the legal rules about dangerous driving behavior in Japan also in several dimensions, including background of formulating penalty for dangerous driving behavior, the legal interest violated by dangerous driving behavior and subject of crime. Then, it focuses on several dangerous driving behaviors, penalty and some keywords. Also, the author analyzes differences between dangerous driving causing casualties crime and other crimes introduced by some cases.The chapter three is about the Sino-Japanese contractive analysis of dangerous driving crime. The result is based on comparison from several aspects, such as legislative background and purpose, violation of legal interest, objective manifestation, and subjective attitude.In the chapter four, the author indicates defect of dangerous driving crime of China, and gives some suggestions about perfecting legislation after having Sino-Japanese contractive analysis of dangerous driving crime and learning from advantage of legislation in Japan.