Study On Crime Penalties Dangerous Driving

February25,2011,Nineteenth Meeting of the Standing Committee of the Eleventh National People’s Congress considered and adopted 《People’s Republic of China Criminal Law Amendment (eight)》 which bring Dangerous driving behaviors into our criminal law, and Dangerous driving behaviors are identified as Crime of dangerous driving. Bringing dangerous driving behaviors into criminal law has changed "Punished after Accident" Situation, and fully demonstrates national attitude and determination of severely cracking down dangerous driving behaviors, this arouses widespread concern in society. But the penalty set of the crime becomes the most special among China’s criminal law system, being sentenced to detention and fined, its distinctive penalty set has resulted in many penalty applicable problems, and then we should rethink the rationality of the penalty set of the crime.This article focuses the new trend of social defense movement, which begins in the west countries during the50th last century on behalf of professor Mark· Ansel of France, as the starting point. The dominant idea of this movement lies in carrying out humanitarian criminal movement of "decriminalization""decriminalization",the purpose of penalty to criminal is not punishment but the social education, it resocializes the criminal by penalty and then achieves the goal of Defense society. The movement against the short-term imprisonment, But our country criminal law sets the dangerous driving crime kind to criminal detention, belonging to a kind of short-term freedom penalty, and because of this, discussing dangerous driving crime punishment setting in terms of the new society defense has important theoretical and practical significance.This article is divided into three parts:The first part is about the basic overview of the crime of dangerous driving, make clear the legislation of crime of dangerous driving evolution, the reason which lead to set the uniqueness of analysis for dangerous driving crime punishment. Dangerous driving crime punishment formulated "detention, fine" can be seen in just two words for dangerous driving crime punishment is set to the principal punishments criminal detention punishment and supplementary punishments a combination of fine punishment. Part for principal punishments for criminal detention punishment is a kind of set the minimum punishment of the criminal law, and supplementary punishments penalty provision of the specific operation, has certain uncertainty.The second part is the profile of the new social defense theory ". This part starting from the main ideas of the new social defense theory ", emphasis on "new society defense movement" of penal reform proposal, and then down from the point of view of the specific analysis of dangerous driving sin the insufficiency of the penalty set. Dangerous driving sin in the specific case of empirical research, points out that the crime of dangerous driving criminal detention punishment in the practical problems existing in the execution process.The Third Part expounds the Marc-Ansel’s "new social defense theory", the main point of the specific analysis of the problems existing in the dangerous driving crime punishment, this paper argues that in the current criminal law about the structure of the crime of dangerous driving situations, solve the problems existing in the dangerous driving crime punishment shall be implemented from punishment set, penalty discretion, punishmentthree aspects to perfect.