On The Crime Of Dangerous Driving

With the rapid progress of the comprehensive development of the economy and society, China has entered the automobile society "on wheels" time has come. A lot of cars into the average family, at the same time to bring convenience to our lives, such as serious traffic congestion, frequent traffic accidents, and many other social problems. All kinds of traffic accidents shocking to people’s life and health and property caused by a serious threat, which has a considerable number of traffic accidents caused due to drunk driving, drag racing and other dangerous driving behavior. Bridging the defects of the legislation in order to increase the penalties for drunken driving, drag racing and other dangerous driving behavior, our legislature has a useful exploration of the Criminal Regulation of dangerous driving behavior.February25,2011by the Criminal Law Amendment (h) of Article22provides that:"an increase in the provisions of Article30Where, as Article133of this one:the road on driving a motor vehicle chase competitive driving, vile, drunken driving motor vehicles on the road, at the detention and fined."from the crime of dangerous driving has become a new count of China’s Criminal Code. The establishment of the crime of dangerous driving criminal dangerous driving behavior early intervention, the criminal law on the regulation of dangerous driving behavior has no serious consequences. An additional two years of the crime of dangerous driving, dangerous driving in China a substantial decline in the number of cases, security has an important role for the maintenance of people’s lives and health and public and private property, benign and positive social effects and legal effect.However, after all, a new offense of dangerous driving, both in theory and in judicial practice, there are still some controversy and problems, we need to further explore and improve. In order to Better and deeper understanding of the crime of dangerous driving, the use of comparative analysis and case analysis methods such as dangerous driving many controversial issues were discussed, put forward my own views and opinions of the focus of controversy.I believe that the analysis and study of the crime of dangerous driving, dangerous driving abstract potential damage offense, as long as the perpetrator of the public road traffic safety caused by the abstract danger can constitute the crime. The object of the crime of dangerous driving road traffic safety. Dangerous driving as a general principal, as long as it is16years old, with identification and control his own conduct can become the main body of the sin. The subjective aspect of the crime of dangerous driving indirect intent, negligence can not constitute the crime. Objective aspect of the crime of dangerous driving performance competitive driving on the road driving a motor vehicle chase, vile, or behavior of drunken driving motor vehicles on the road. The specific performance characteristics of the following aspects:First, it is necessary on the road the vehicle is moving; driving the vehicle needs to be motor vehicles; Third, we must chase competitive driving and vile behavior or drunken driving motor vehicles; d should have a certain risk of public safety. There is no crime of dangerous driving unfinished form, but the form of common crime. Drunk driving should all into the sentence, are not subject to Article13of the Penal Code,"but the terms of the book" restrictions. The crime of dangerous driving, traffic crime and the crime of endangering public safety in a dangerous way, there are many differences in the constitution of crime and other aspects of great significance to seriously study the distinction between the crime of dangerous driving and related offenses identified one crime or several crimes. The crime of dangerous driving there is room for improvement, specifically, will be taking the drug driving a motor vehicle, dangerous driving behavior into the crime of dangerous driving regulation range, an appropriate increase in the legal punishment of the crime of dangerous driving and dangerous driving offenses set Qualification Penalty.