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Study On Several Issues Of The Crime Of Dangerous Driving

Posted on:2013-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:D Y WangFull Text:PDF
GTID:2256330425472143Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Based on the social background of gradually formed risk society and the adjustment of the value of criminal law,the Criminal Law adds the crime of dangerous driving. The crime of dangerous driving is an abstract dangerous criminal that allows to be disproofed. About the identify of the objective elements of the crime of dangerous driving, chase driving is a behavior that conducted by more than one motor vehicle drivers who try to catch up a dynamic target. There are two standards for defining of the state of drunken driving:objective criteria and subjective criteria. And the objective criteria is main, subjective criteria is supplement. The subjective of dangerous driving is indirect intentiona or overconfident negligence. There are some defects of the criminal of dangerous driving, that is the type of dangerous driving is too small and the focus on the application of the short-term freedom penalty is too much to don’t distinguish the different degree of danger of the crime of dangerous driving which should be set different legal punishment. Measures to remedy these deficiencies is increasing taking drugs or psychotropic drugs driving, driving without a license into the type of dangerous driving behavior and set "two years imprisonment or criminal detention, or a fine or gold." into the legal punishment of the crime of dangerous driving.
Keywords/Search Tags:the crime of dangerous driving, potential damageoffence, competing driving, status of drunken, legislative perfection
PDF Full Text Request
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