An Empirical Study Of Dangerous Driving Sin

It’s necessary to add dangerous driving to Criminal Law,and it’s inevitable too.In two years of incrimination,it not only played a major role in fight against chase race driving and drunken driving,but also suffered a lot controversies and problems of the judicial application.From the principle of judicial application,drunken driving should always be punished by Criminal Law.Firstly,by clarifying the criminal law theory,we know the point that drunken driving shouldn’t always be punished by Criminal Law is misunderstood for function of Article13th from Criminal Law. Mean while, operational means and effects for the investigation of drunk driving in practice has prove that drunken driving should always be punished by Criminal Law can be reasonably and efficiently achieve.Accusation of dangerous driving is related to accusation of traffic and the accusation of endangering public safety in a dangerous way.The relationship of dangerous driving accusation and related accusation is the complementary overlap of legal provisions.And,specific conditions of overlap depend on accusation of overlap.The range of overlapping accusation is depend on judgement of the casualties.Firstly,when the casualties is not existed,judge the nature of the dangerous driving,in other word,judge whether the behavior with danger that equal the arson and explosion.When the danger is existed,we can conclud that the behavior should be judged by the accusation of endangering public safety in a dangerous way. When the danger is not existed,we can conclud that the behavior should be judged by the accusation of dangerous driving. The main basis to determine whether the danger is exist is that when dangerous driving behavior bring about first incident, whether the perpetrator is indulge state of harm to indefinite number people.Secondly,when the casualties is existed,distinguish perpetrator’s subjective state to the casualties.Step one,when the subjective state to casualties is deliberation,we can conclud that the behavior should be judged by the accusation of endangering public safety in a dangerous way,but as deliberate crime of result fueled.Step two,when the subjective state to casualties is aberration,we should judge the perpetrator’s subjective state to the danger that equal the arson and explosion,and we can get two conclusions.Firstly,when the perpetrator’s subjective state to the danger is aberration,we we can conclud that the behavior should be judged by accusation of traffic.Secondly,when the perpetrator’s subjective state to the danger is deliberation,we we can conclud that the behavior should be judged by accusation of endangering public safety in a dangerous way,but as negligent crime of result fueled.Meanwhile,in the future the process of improvement for enactment to accusation of dangerous driving.First of all,introduce appropriate judicial interpretation to contribute to defined vile of chase race driving and balance sentence for dangerous driving.And,abord drug driving into accusation of dangerous driving in time.