Study On The Problems Of Dangerous Driving

"Criminal Law Amendment Eight" takes the behavior of drunken driving and chases race driving into the adjustment range of criminal law, creating a new count-dangerous driving. But what kind of behavior is the behavior of drunken driving, drunken identify what criteria, how to understand chase race driving behavior, what is the difference with its drag racing, road chase race driving behavior identified so how, these difficult issues emerging practice has been plagued practitioners. The current theory for the crime of dangerous driving, there are many studies have disputed, such as the behavior of the sins committed long-standing dispute with the Perilous, consummated acts and standards have not reached a consensus to proceed. In addition, from the point of legislative view, China’s criminal law on the crime of dangerous driving regulations are not perfect, to some extent affected the judicial application of the crime. Therefore, this article on the crime of dangerous driving difficult problems in depth, in order to solve the crime of dangerous driving finds difficult problem, and trying to be perfect for dangerous driving from the legislation. There are four parts:The first part of the main judicial practice how to identify the crime of dangerous driving behavior in two ways, namely, drunken driving and driving chase race. Combined administrative regulations and interpretation, administrative rules current judicial, drawing on the relevant provisions of extraterritorial legislation, research drunken driving specifically identified standards and practices, etc., made drunken driving meaning that "drunk driving" should take the subjective and the objective of combining that standard. Driving behavior while chasing the race to define and standardize its scope and convicted standards proposed chase race driving, including competition driving and drag racing point of view.The second part of the crime of dangerous driving morphological issues in depth. First, academia Comment on dangerous driving behavior committed the crime in the end is still different views on the basis of Perilous, says that acts committed mistakes, thus draw dangerous driving abstract Perilous elaborate conclusions and the main reason; then consummated the crime of dangerous driving and working standards for research, propose to stop the crimes of specific forms that standard; last common form of dangerous driving offenses to study the problems, summed accomplice of the crime situation and proposed treatment.The third part of the study for the crime of dangerous driving offenses related to similar distinction problems. Start with the main objective to study the boundary with respect traffic crime, the crime of dangerous driving should not be presented as a special treat traffic crime; then from an objective point of view and patterns of crime and the crime of dangerous driving endangering the boundaries of public safety crime research, pointing out that the biggest difference between the two species and the occurrence of harmful consequences of behavior, and thus a better job of distinguishing this crime and other crimes in practice.The fourth part of the whole crime of dangerous driving legislation view, pointing out the problems which counts on the legislation vague, incomplete list of behavior, a single sentence structure, etc., and then draw the relevant provisions of extraterritorial legislation, put forward proposals to improve the lack of offense of dangerous driving such as increased behavior, perfect types of penalties, creation of dangerous driving causing casualties and other crimes.