Research On The Car-racing Type Of Dangerous Driving Crime

"Racing-type" dangerous driving behavior counts as one of the new statutory offense of dangerous driving "Criminal Law Amendment" was officially written into the Criminal Code. Legislation from "racing-type" dangerous driving behavior incriminating evolution seems that the Supreme Court will "drag racing-type" dangerous driving behavior as dangerous driving abstract, this violation of traffic safety regulations established as criminal acts, so from the Chief field punishment into control areas of criminal law. From the perspective of learning in terms of criminal legislation, the establishment of constituent elements of the crime of dangerous driving is a major breakthrough and the reform of China’s criminal law, criminal law legislation for the future are even justice will have a significant impact."Racing-type" dangerous driving behavior because of serious social harm and subjective vicious, to be absorbed and incorporated into the adjustment range of criminal law, there is a necessity and feasibility of incrimination, but also in line with China’s criminal temper justice with mercy required policy and legal concepts to meet the people, but in the specific judicial practice there are still many problems and confusion."Racing-type" dangerous driving offenses identified the lack of specific criteria, identified the lack of specific vehicle range and the collection and admissibility of evidence, blurring the binary system of administrative penalties and criminal penalties for criminal legal system, making administrative punishment in the "drag racing type "dangerous driving behavior undermined both difficult convergence."Racing-type" dangerous driving behavior of incriminating overly broad, legal punishment punishment is not in place, the punishment is too light, making it difficult to afford the existing judicial resources to prosecute,"racing-type" mission crime of dangerous driving behavior, likely to cause selective enforcement and other issues.To get rid of these difficulties, solve the dilemma, the real response is clear,"racing-type" that standard concepts and specific acts of dangerous driving. Strictly the "racing-type" dangerous crime of dangerous driving behavior is defined as driving a motor vehicle traveling on a road race chase, vile behavior, behavior has also asked the others to catch speeding vehicles and the implementation of competitive behavior. For the "vile" limited range of road conditions, vehicle number and participate in the case,"racing", and many times, the actual results of the plot harm, should also give due consideration to the perpetrator’s personal circumstances to make judgments.The author believes that "Criminal Law Amendment" in the "racing-type" crime of dangerous driving additional finds made no specific criteria for the range of driving a motor vehicle, driving a race to chase specific object, as well as legal punishment vile the penalties are not made clear judicial interpretation and concluded that criminal law theory to bring distress and physical analysis. Thus the theory of criminal law in the future should continue to improve the inadequacies of the "racing-type" crime of dangerous driving, making it more conducive to the development requirements of China’s criminal policy.