Research On The Issues Of Dangerous Driving Crime

As a new crime, the dangerous driving crime has been in hot discussion and incontroversy, since it was established. This paper tries to analysis the crime with the methodsof comparative analysis, in order to make a contribution to the judicial practice.Because of the urgent practical need and the solid crime basis, the dangerous drivingbehavior has been able to incriminate. The existing criminal law does not have relevantprovisions about the dangerous driving only causing safety hazard but not actual danger. Theadministrative law does not have Powerful punishment.Coupled with the crime of dangerousdriving as an abstract perilous, with serious social harm, the dangerous driving crime hascome into being.The object of the crime is public road traffic safety. On drunk driving behavior,analyzes the drunken state and standard, for fair consideration, for drunken definition shouldbe objective standards. Chase compete driving must be speeding, but to what extent, dependson the specific circumstances, and the chase complete driving is not necessary to contact.Based on the practical considerations, the overload driving and drug driving should be intothe regulation of the crime.The subject of the crime is not limited to the obtaining of the driver’s license. The personwho does not have the driver’s license also can be the subject.The person who provide drinksand who urges to drink can not be the subject.The unit in charge of personnel, the owners ofmotor vehicles, the contractor can be the subject of the crime. Subjective aspect of this crimeis the direct intent.Disentangling the crime and related behavior distinction, it will have a great help for aclear understanding of this crime. The crime has accomplice. Due to the dangerous drivingbehavior inducing physical consequences, should be handled into the imaginative joiner ofoffenses Because of particularity of crime punishment, it is not suitable to the limitation, butto surrender.