Study On Incrimination Dispute, Judicial Difficult And Legislation Flaw Of The Crime Of Dangerous Driving

In order to crack down on dangerous driving behavior and maintain the socialpublic security. Formally come into effect on May1,2011of "criminal lawamendment (eight)", adding the crime of dangerous driving. Putting the drunkendriving and aggravated chase driving behavior into the scope of criminal law. Thenewly revised " road traffic safety law " also increased for all kinds of dangerousdriving behavior punishment. Since the implementation of the new law, surroundingthe crime of dangerous driving into the punishment and applicable appeared manyproblems, influencing the exertion of dangerous driving crime prevention and controleffect. This article attempts through the analysis of dangerous driving crime problemsin the legislation and judicial practice, to improve the legislation and judicialstandards of dangerous driving crime.In the first part of this article,the incrimination dispute of dangerous drivingbehavior is analyzed emphatically.The first part,from the perspective of risksociety,expounded the present drunk driving behavior and chase race driving behaviorhas the serious social harmfulness.Through to analysis the reality basis, responsibilityfoundation and outside of draw lessons on the incrimination of dangerous drivingbehavior,interpretating the incrimination of drunk driving and pursuit race driving isnecessary, urgent, that do not violate the tolerance principle in the criminal law.The second part mainly discuss the difficult problem of dangerous driving crimein the judicial practice, which is the focus of this article.Among this part, the formertwo have to interpretate the subjective and objective elements of crime of dangerousdriving standards issues.In differentiate various opinions and combined with thepractice, authors interpretate subjective sin of this crime and the objective recognitionproblem,according to the form condition and the essential conditions of combinationof crime constitution,detailed what is the drunk driving behavior, what is vilecompetitive drive in criminal law,for dangerous driving sin,this part provides areasonable reference in practice. In the third and fourth section,crime constitution ofdangerous driving crime and traffic accident crime, crime of endangering publicsecurity with dangerous method has carried on the contrast,depending on the subjective transgression and objective aspects,according to the principle of crimepunishment commensurate, putting forward some suggestions on the differenceapplicable between the three crime,in order to solve the criminal cognizance problemof these crime in judicial practice.In verse5,6,this paper analyze the problems such asthe connection between criminal law and administrative law on dangerous driving,theapplication of probation and the penalty to drink urger or passenger.And expoundingthe opinions to cope with these problems.The third part discusses the legislative omissions of dangerous driving crime inour country,based on the reference of extraterritorial legislation.On the basis of thereference to extraterritorial legislation,especially some dangerous driving criminallegislation is relatively mature in the developed countries or regions,based on thesituation of our country,according to the requirement of era development,we shouldperfect our country dangerous driving criminal legislation scientifically by expandingthe scope of the crime of dangerous driving behavior and broadening the dangerousdriving crime punishment,so as to play its regulation and deterrent effect better.Finally,the author thinks that,governance for dangerous driving behavior, not onlyshould to rely on dangerous driving criminal legislation and judicial, more need tomobilize the forces of the whole society to control dangerous driving behaviorcomprehensively,and protect social public security, maintain the social harmony andstability.