The Subjective Constitution Of "Dangerous Driving Crime"

Amendment to the Criminal Law of the People’s Republic of China (viii)"whichincluded" dangerous driving "In subjective constitute a "crime of dangerous driving" can bedescribed as divergent views.With the occurrence of judicial practice, the offense ofdangerous driving cases, corresponding to the new situation and new problems are endless.Onone hand, this is subject to the legislative branch to the new judicial interpretation as soon aspossible to clarify the boundary of the offense of dangerous driving rules.On the other hand,also requires the active participation of the judicial practitioners and scholars, to provide asolid guarantee for the correct application of the "dangerous driving" in theory andpractice.This article is in this context, to select a few pieces of a typical case of the "crime ofdangerous driving" as a starting point to analyze the problem of identification of the "crime ofdangerous driving" subjective constitute judicial practice of the "crime of dangerousdriving"some of the views and suggestions.In addition to the introduction and conclusion, this article is divided into three parts:The first part is a summary of the views of academic constitute "dangerous driving"subjective Can be summarized as "willful" negligence "willful misconduct choose to say"coexist said "willful misconduct" and "strict liability five points,And the above point of viewof theoretical basis and practical validation were reviewed to clarify the respective point ofview of the pros and cons of Strong intervention on behalf of the Criminal Law of the analysiscaused by reason of the above differences-"abstract danger" legal fiction the originalRestraining Criminal Law was broken, and legal interests protected pre greatly shorten thejudge finds time to constitute the crime for the Next, the author views proposed to pave theway.The second part of the subjective components of the theoretical analysis of the "crime ofdangerous driving"."Humanism" interpretation of criminal law paradigm, the humanisticvalue of the choice of the core standards, will focus on "dangerous driving behavior"established crime together, in the formation of "dangerous driving behavior" crime circle thefinal proposed offense of dangerous driving "subjective constitute" willful misconduct select"identified under the system. Followed by a detailed exposition of this view, both macroinstructions from maintenance, criminal law purposes, make up the criminal law systemvulnerabilities that can be brought about and from this point of view, the perfect "dangerous driving behavior" micro explain the role of the criminal ring, etc.. To the criminal tocombat the flow of the main line, traffic crime of dangerous driving "dangerous means thecrime of endangering public safety," the differences and relations between "the fault of thecrime of endangering public safety by dangerous means" new annotations from other alsohighlight the subjective constitute "willful misconduct said," identified the advantages of"crime of dangerous driving".The third part is the author theory practice test, Chengdu Sun Weiming case by the"Beijing Gao Xiaosong case""Hangzhou Hu Bin case analysis of three representative casesof" dangerous driving behavior "criminal ringempirical description of the subjectivecomponents of the test of a "crime of dangerous driving" in practice "willful m.