The Application Of The Drunk Driving Offense Of Dangerous Driving

February2011, China’s Criminal Law Amendment (h)"dangerous driving behavior incriminating response to combat drunk driving behavior of the intensity of the voice of the community to increase, but also the importance of people’s lives and property safety and protection. The grim status and risk of criminal law theory of dangerous driving additional practice and theoretical basis of the offense of dangerous driving, drunken driving crime social function effectively punished in the legal process of application, should clarify drunken driving incriminate some of the problems that may arise. Drunken driving standard identified as a prerequisite for drunk driving and criminal justice apply, drunken driving behavior plot judgment is the key to drunk driving and criminal justice applicable statutory sentence of the set is the result of drunk driving and the judicial application. The provisions in the Criminal Law Amendment (h)"drunken driving crime for the study, discusses a number of important issues on drunken driving incriminate intended to constitute the crime of dangerous driving and Cognizance, dangerous driving charge the boundaries of the underlying crime, in order to apply the law correctly.This article is a total of nearly20,000words, divided into Introduction, three parts of the body, and conclusion, which the body contains three chapters:The first chapter studies the composition of the standard with drunk driving offense of dangerous driving drunk driving. From the existing doctrine, the concept of the criminal responsibility of the perpetrator’s ability to type, characteristics, and different drunken condition, drunkenness standard drunken. From the doctrine investigated, contrast analysis of the pros and cons of objective criteria and subjective criteria in the judicial application drunken driving, to discuss the objective aspect of drunken driving plot. From the positions of this article analyzes the drunken driving standards of conduct, drunken driving incriminating circumstances put forward drunken driving should be identified based on objective criteria, drunk driving behavior is not always incriminating perspective.The second chapter analyzes the relationship between drunk driving dangerous driving, traffic crime. Undertake this chapter, the first chapter, which focus on clarifying three issues:Drunk driving dangerous driving, traffic crime in crime constitutes drunken driving incriminate traffic crime as well as two sin accomplice. This chapter focuses on two aspects:First of all, from the subjective and objective aspects of the two sin comparative analysis clearly relate to each other and boundaries. Analysis of drunken driving behavior incriminate constitute a form and penal pattern of such as the impact on traffic crime, to discuss the application of the two counts of the crime of judicial practice, treatment of criminal behavior in the case of competing.The third chapter discusses the drunkenness offense of dangerous driving, and the relationship of the crime of endangering public security. This chapter focuses on clarifying two issues:whether it is reasonable for the crime of endangering public safety by dangerous means fully applicable to drunken driving crime; whether it is reasonable to regard the occurrence of legal harmful results as the index of crime of endangering public safety. First, to comparative analysis of subjective and objective aspects of the two crimes and to clarify the association and difference of the two crimes Secondly, through Discussion on two sins charges apply, to sort out the layer between the crime of drunk driving, dangerous driving and the crime of endangering public safety by dangerous means layer progressive relationship; Again, the analysis of drunken driving behavior caused no real harm results, consistent with the offense of dangerous driving and meet the constituent elements of the one hundred and fourteen of the Penal Code provides that, should the crime of endangering public safety by dangerous means at off. Conversely, should further determine the subjective attitude of the consequences of the behavior of the real harm to the provisions of Article114or Article115shall apply accordingly distinguish.This article by drunken driving behavior into sin in the judicial practice problems analysis and research, in order to constantly improve our punishing drunk driving behavior of the legal system, to provide a basis for judicial practice, to provide comprehensive legal guide for people’s behavior in order to effectively combat and curb drunken driving behavior.