Legislative Defects And Improvement Crime Of Dangerous Driving

On February25,2011, the19th meeting of the11th Standing Committee of the National People’s Congress passed "the Criminal Law Amendment (8)". It increases the crime of dangerous driving for the first time, makes up for the deficiencies of the existing criminal legislation in China, and has an important significance in combating the crime of risk to road traffic safety. But as a new types of crime, the theoretical and practical circles have a lot of controversy in the constituent elements and the legal punishment set. Therefore, I analyze the legislative defects of the constituent elements and the legal punishment set, and then propose the perfect proposal. I hope that it will be beneficial to the future legislative or judicial interpretation.The paper is divided into three parts:The first part introduces the legislative background and the legislative content on the crime of dangerous driving. From the three angles of serious social harm, lack of legal regulation and foreign legislation, I analyze the legislative background of the crime of dangerous driving. Then, from the traditional four elements, I analyze the main body, the object, the subjective aspect and the objective aspect. Finally, I elaborate the legal punishment "criminal detention and fine."The second part focuses on the legislative defects on the constituent elements and the legal punishment set. On the constituent elements, I believe that the type of behavior of dangerous driving crime is very narrow. It should not just be chase competition driving and drunk driving. The "vile" of chase competition driving lacks clear criteria, and it is not conducive to the practice of operation. The drunk driving only uses a single objective standard. The drunk driving has not any limits and does not meet the general provisions of the "Criminal Law". On the legal punishment set, I believe that the "detention and fine" is unscientific. Principal penalty is too low, and it is not eligible for punishment.The third part proposes some recommendations for legislative perfection. On the constituent elements, I. believe that the type of behavior of dangerous driving crime should be expanded. In addition to chase competition driving and drunk driving, it also should include drug driving, fatigue driving, driving without a license, knowing that there is a motor vehicle of the security risks and driving, and other behavior enough to endanger public safety. The judiciary should introduce judicial solution, and clearly define "vile" as soon as possible. The standard of drunk driving should adhere to objective standards-based, supplemented by subjective criteria, and achieve the objective and subjective criterion organic unity. The drunk driving should be episode limit, cannot ignore the severity of the circumstances of each case, and all in the detention and torture. On the legal punishment set, I believe that legal punishment should be increased to "three years imprisonment or criminal detention, and fined." And in order to limit or deprive the perpetrator’s disqualification, the legal punishment should add new qualifications punishment.