The Application Of The Crime Of Dangerous Driving

With China’s rapid economic development, people’s living standard has been improved significantly, one important feature is the rapid growth of motor vehicle ownership, on the one hand has brought great convenience to our lives and learning at the same time, also bring to our lives and safety to some extent unpredictable risks, in order to protect public safety, timely punish the growing traffic accident behavior, February25,2011by the Criminal Law Amendment (h) of the twenty-second Article:"drive a motor vehicle on a road chase race driving, vile, or drunken driving motor vehicles on the road, at the criminal detention, and fined. Although the danger of driving this point into the offense in the law expressly However to how sentencing, how to identify them, and how to improve audit standards for dangerous driving has been much concern and controversy of legal researchers.Crime of dangerous driving, from the object of the crime, the crime of violation of public security and road traffic management order; objective level, drunken driving and chase driving is a relatively abstract target of a crime, it is not to the actual driving results to actual guilt elements, but a recognized hazard driving behavior; see from the subjective aspect, the Crime includes both the direct intention, but also include indirect intentional. The papers detailed objective analysis by dangerous driving and manifestations, have carried out a detailed description of the harm to society as well as the guilt of dangerous driving, and thus better for drivers to distinguish between dangerous driving relationship to crime provides Reference significance.The thesis expounded from three different aspects:The first part is mainly explained the main content of dangerous driving, as well as specific manifestations. Subjective Fault forms for the crime of dangerous driving is an intentional crime or negligence crime were discussed.The second part describes the definition of dangerous driving, composition, affect the safety of driving drunk driving and chase driving guilt. A detailed statementfrom the two different levels of subjective and objective papers according to recognized standards of drunk driving and chase driving and drunken driving criminal responsibility and culpability chase driving standards according to the statement analysis.The third part of the main analysis of the relationship of the crime of dangerous driving and related offenses. Papers focused on current social traffic accidents in achieving identified controversial process, the bad partition guilt traffic accidents conducted a detailed analysis and comparison, clearly different between dangerous driving specific crime, and then pointed out that the existence of the crime of dangerous driving behavior, and thus to provide certain guiding significance for the actual road drivers safe driving, which is the paper to achieve significance.Just passed as a new type of crime in the near analysis of the data of the offense of dangerous driving, the system is limited, this article not claiming to have the number of innovations, but some of the views of the crime of dangerous driving and elaborated mainly predecessors on the basis of theoretical research. In general, the attitude of the author of Those in favor of the existing criminal law, to believe that the crime of dangerous driving will play an important role in China’s criminal legislation and judicial.