An Empirical Study Of The Crime Of Dangerous Driving

In order to reduce the risk of driving behavior, to protect public life and property safetyof the addition of the "Criminal Law Amendment (h)" crime of dangerous driving. Thecreation of dangerous driving, in essence, reflects the legislators dangerous control to avoiddangerous driving behavior resulting in loss of life and property safety of the public, thecharges in the anomie extent heavier than normal traffic violations, lighter-than-traffic crimeof endangering public safety crimes charges. Dangerous driving in China mainly for drunkendriving and chase race driving two acts, drunken driving behavior incidence higher frequency,around the consequences of the heavy casualties and property losses caused by drunkendriving cases have occurred, legislators set a dangerous driving the sin intended promptedmotorists drive carefully, further driving down to a manageable risk.With the promulgation and implementation of the Criminal Law Amendment (h)",around the court for the crime of dangerous driving standard differences, based on Article13of the Criminal Code under the proviso that the crime walked into the errors identified; fairand reasonable to the dangerous driving behaviorsentencing, there are also a lot ofcontroversy. Therefore, the combination of trial practice necessary to discuss the elements ofthe crime, combing Sentencing.This article discusses five chapters:The first chapter of the overview of the crime of dangerous driving. Definition of theconcept of the offense of dangerous driving; clarify the the abstract of Perilous legal propertyof the offense of dangerous driving; listed seven types of dangerous driving behaviorcombined with foreign legislation; finds that the offense of dangerous driving "dangerous";Descriptions of dangerous driving legislative developments; visits abroad legislation ofdangerous driving.The second chapter of the systematic analysis of the criminal offense of dangerousdriving. First, the analysis of the elements of the object of the offense of dangerous driving,including the identification of the motor vehicle and the road; Second, the analysis of theconduct element of the offense of dangerous driving, specific analysis chase competingdriving a vile and drunk two aspects of driving a motor vehicle; once again, analysis of therisk of driving the main elements of the crime, specifically the driver related delineated; Finally, the analysis of dangerous driving behavior will state.The third chapter of the definition of dangerous driving offense judicial analysis. First,clear Zuiyufeizui boundaries, focusing on analysis of the the vile chase race driving behaviorstandards and drunken driving standard; Secondly, we discuss how a clear distinction betweenthe crime of traffic accident crime; once again, to discuss how a clear distinction between thecrime with the crime of endangering public safety in a dangerous way; extended to aqualitative discussion of other dangerous driving behaviorThe forth part of further discussion of reasonable sentencing for dangerous driving. First,the statutory punishment fits the crime of dangerous driving considerations; Second,discretionary sentencing for dangerous driving considerations; Finally, it is proposed toincrease the applicable rate of dangerous driving probation.The fifth part of the perfect crime of dangerous driving conviction and sentencinglegislation. First, the expansion of the range of "dangerous driving behavior" identified, thepurpose is to minimize the risk of driving behavior; Second, the expansion of the "road"identified; once again, to expand the range of "motor vehicle" identified; once again, anappropriate increase in the penalty for the crime of dangerous driving, in order to solve the thecurrent felony with a slap on dangerous driving behavior problems; Finally, the offense ofdangerous driving reasonable set additional punishments, including raising the finepunishment and additional qualifications punishment.