Research On The Crime Of Dangerous Driving

The crime of dangerous driving is a new accusation which was added in"Corporalpunishment amendment (eight)".To speak concretely is that the finger competes to drive amotor vehicle in a road, circumstance is very bad;or driving a motor vehicle in drunk. Thebehavior of Dangerous driving has grave society harmfulness,putting this kind of behaviorinto crime has an important practical or immediate significance,it has resolved the difficultiesthat occur in actual judicial practice,it also makes a function to realizing corporalpunishment.I analyse the formation of the crime very concretely in the essay,The object thatthe crime infringe upon is highway traffic transports safety;Objective aspect behaviour isdriving in danger and circumstance is very bad or driving a motor vehicle in drunk;The mainbody putting the blame on originally is the general main body,Be16annual full years of life,the natural men who have the criminal capacity for duties,Set a limit to the person who is adirect driving mechanically-propelled vehicle at the same time;Subjective aspect behaviour isdeliberately,and can only be composed of indirect intent, that the behavior people is fullyaware of being drunk of driving a car or competing to drive,still let this critical condition gounchecked.The difference of crime of driving in danger being putting blame on or not is todistinguish this crime from general illegal activities.The front is already mentioned,alegislator set up this crime owing to protecting the social benefits earlier, it is also atransition nature accusation between traffic accident crime and crime of endangering publicsecurity.Therefore the relation between this three accusations certainly becomes a problemthat must be Faced and beat out in actual judicial practice inevitably. Though "corporalpunishment amendment (eight)" put lame on the behave of driving in danger is already veryprogressive,but there are still somethings need to be promoted,for instance,the range ofdangerous driving behavior remains to be expanded;The standard of putting a person whodrives in danger into prison also needing to go a step further;Legal punishment also needsaggravations.