The Research On Crime And Punishment Of Dangerous Driving Causing Harm To The Consequences

Dangerous driving causing harm consequence can be summarized as crimeconstitution in the sense of dangerous driving behavior infringes the legal interests ofprotection by criminal law, and the actual damage caused by the consequences or indanger. Based on the principle of legality, the principle of crime and punishmentcommensurate, subjective and objective unity principle, we will first put forward theconcept of dangerous driving harmful consequences. Dangerous driving causingharmful consequences are provided of the specificity of a behavior, the objectivity ofharmful consequences, the realistic characteristics of harmful consequences. Due tothe difference of classification criteria, dangerous driving causing harm consequencescan be divided into dangerous consequences and real harm consequences, propertydamage consequences and personal attributes harmful consequences. Regulations inthe countries and areas of dangerous driving causing harm consequence crime, such asGermany, Japan, Britain, Canada, Hong Kong, Taiwan, is adopting a single mode ofdangerous driving causing harm consequence crime regulation of national legislation,and is the object of legislation in our country which should draw lessons from; thedomain legislation about crime legislative defects exist in the current criminal lawregulation for harm consequences caused by dangerous driving, is against clarityprinciple and equilibrium principle in criminal law as well as being not conducive tothe appropriate exercise of the judicial discretion. Accordingly, for the conception ofdangerous driving causing harm consequence crime, we must be adapted to theprinciple of crime and punishment accommodation and the principle of subjective andobjective unity. Making this principle as the instruction, we can propose thatdangerous driving will cause crime of harmful consequences. Drunk and chase racedrove the perilous state of the act itself is the objective aspect and basic form ofdangerous driving crime. Dangerous driving error causes real harm consequences canbe as a result of crime of dangerous driving crime. Serious con sequences for thegeneral consequences of the fault, and especially serious consequences legalpunishment should be steed in different levels. Dangerous driving in the situation ofaccident escape and escape which causes death will be judged as dangerous d rivingsin with aggravation of legal punishment range. Dangerous driving causes real harmintentionally consequences, such as dangerous driving intentionally hit and cause real harm consequence and dangerous driving after the accident again intentionallyramming others, committed endangering public security with dangerous methodaccording to imagine competing with species of crimes respectively. Because of thedegree of dangerous driving intentionally hit and cause real harm is different, theconsequences can be divided into general harmful consequences and seriousconsequences, which are corresponded to criminal law article one hundred andfourteen and article one hundred and fifteen of the criminal law respectively.