A Study On Problems In Crime Of Dangerous Driving

Since2011, dangerous driving into the crime sentence, the overweightembarrassment is solved in a certain degree when similar cases are handled accordingto the crime of endangering public safety by dangerous driving, while the vacanciesbetween traffic accident crime and general traffic violations are effectively remedied.What’s more, a penalty ladder between the three crimes—endangering public safety,dangerous driving and crime of causing traffic casualties, combined by dangerousdriving is built. The penalty for road traffic management by criminal law get morestereoscopic and comprehensive, and penal system gets more complete, achieving abalance of conviction and sentencing. However, at the same time, the crime ofdangerous driving is found a number of specific issues in the judicial practice thathave no specific solutions or process basis. This article attempts to make proposalsfor judicial practice through conclusion, summary and analysis. In order to study thecrime of dangerous driving, this paper is written in the following five parts:The first part, is the overview of the crime of dangerous driving. The articlesummarizes the rules in foreign-related legislations on dangerous driving byexampling, and classify these legislations in two ways—" into the sentence " and "not into punishment ". The lack of dangerous driving offenses set on the legislation isexplored. Subjective aspects of the crime of dangerous driving can only be indrectintentonal, namely the perpettor do not want to cause harmful result in heart but theperpetrator indulge the harm results when taking the behavior of dangerous driving.The crime of dangerous driving need to meet two objective aspects, that are theperpetrator himself is in unusual driving status and the perpetrator can harm thetraffic safety interest objectively. Meanwhile, there are obvious differences betweendangerous driving offenses and traffc accident crime, the crime of endangerng publicsafety. Dangerous driving is a deliberate crime, while traffic crime is a typicalnegligent crime. Dangerous driving can be charged only by an objective danger, notrealistic harmful results, namely the implementation of dangerous driving behavior can be objectively dangerous. And the crime of endangering public safety throughdangerous method, can performance as both real harm results as well as real danger.The second part, is the problem in judicial application on dangerous driving.Serious defects in collection, fixed evidence exist in judicial practice on dangerousdriving. Hit-and-run driving becomes a legitimate way to run away from the crime;questions exist in affirmation of confessing a crime; the enforcement measures areinadequate, the above issues need legal support.The third part, is defects in dangerous driving legislation. In the judicial practiceof the dangerous driving crime, the criminal categories are too few and too light. Thesocial effects and the legal effect of the fight against crime is poor; dangerous drivingbehavior into the penalty is too narrow. It can not meet our complex traffic safetycondition. The overlapping laws exist between dangerous driving and traffic accidentcrime. Through the analysis of the crime of dangerous driving, valuable proposals areput forward.The fourth part, is of the completion of dangerous driving. Through the view offoreign legislation and analysis on our dangerous driving counts, combined with thepractice of the problems, I believe that our crime of dangerous driving should becompleted on the judicial level and legislative level in regulating dangerous drivingbehaviors, specifically as: modify the cutoff point of traffic crime, unify surrenderconditions on the legislative level, increase legal punishment of crime in causingserious injury, significant property damage and death cases, listed as AggregatedConsequential and so on.