| As a new crime appeared in the "Criminal Law Amendment (8)", dangerous driving andtraffic violations together constitute the Crime of Article133of the Criminal Law. Theemergence of the crime of dangerous driving reflects the demand of current status, and alsoreflects the voice of the time. Since its implementation over a year ago, dangerous driving,especially the long-standing problem of drunken driving, according to the judicial practice,has been contained effectively. However, as the legislation was not flawless and judicialexplanation has not reached perfection, problems still exists in the implementation ofdangerous driving. Centered on the concept of this crime, this article mainly discussed thehighly-concerned and controversial issues on its judicial practice.This article is composed of some20,000words, divided into4chapters.Chapter1introduces the fundamental features of the crime of dangerous driving, andbriefly analyzed the necessity of its implementation.Chapter2focuses on several highly-concerned and controversial issues, such as criterionof drunkenness, overnight drunken driving and drunken remote controlling. This chapterparticularly analyzed the meaning of serious circumstances in street driving.Chapter3focuses on how to grasp the boundary between guilt and innocence, how toensure a balanced measurement of penalty and if probation can be placed, and offerscorresponding suggestion on increasing the punishment.Chapter4emphasizes on the analogies and differences among crime of dangerousdriving, crime of traffic violations and crimes against public security. Finally comes to theidea of differentiating according to the extent of risk, the offender’s subjectivity and theconsequences. |
