Judicial Determination Of The Crime Of Dangerous Driving

“Criminal Law Amendment (eight)” behave the dangerous driving into the scope ofregulation,effective deterrent to the dangerous driving crime,to protect the people’s life andproperty security role. However, the dangerous driving crime, the theory and practice of thecrime and penalty debate.Despite the recent related research results are more abundant, thereal from the practice level assessment decision effect, further discussion on the problems ofthe system are not many. For this purpose, in this paper, the author use in court practice formore than a year, the system to collect the relevant data, case preparation relatedquestionnaires and random interviews, the criminal judge, in possession of a large number offirst-hand data, use value, empirical and normative analysis method, try on the conviction andsentencing of the crime of dangerous driving, system clear their own views.In this paper, the structure is divided into introduction, body and conclusion of threeparts, a total of27,240words.The introduction part briefly discusses the crime of dangerous driving the researchbackground, purpose and significance, introduces research status at home and abroad.At thesame time, the method of the paper, namely the use of empirical research and surveyinterviews, simple description of the paper chose Chongqing Province as the research samplecauses grass-roots court A.The body part mainly launches from the following five aspects:The first, the author introduce during A2011May to2012April the court accepts thecase of dangerous driving.The conclusion is obtained by statistical analysis:(1) the courtaccepts the dangerous driving case number is on the rise, dangerous driving cases accountedfor half of the country the hospital accepts all criminal cases;(2) the dangerous driving themain concentrated in youth, this kind of crowd is the main contribution to society, so this kindof crowd criminal record elimination policy should be adjusted, so that they have the chanceto lead a normal life;(3) the main type of dangerous driving behavior of drunk driving, dragracing case has not yet been accepted;(4) cases of dangerous driving crime rate is100%, itreflects China’s criminal procedure the customary characteristics.Second,discussion on A court finds that the " road " and " vehicle " standard.This partdiscusses on strictly accurate interpretation of constitutive elements of the crime of dangerous driving, with correct classification of crimes.The basic idea is that:(1) to the road thatleniency should grasp, in small residential area, unit of exclusive jurisdiction on the roaddriving risk should also be identified as the dangerous driving crime;(2) due to the currentfor electric vehicles to grasp, in accordance with the GB Commission on electric vehiclestandards, I think should strictly grasp, called for the relevant the legislative and judicialinterpretation to be standardized.Third,standard on A court cognition factor and will state that in drunk and humanbehavior.The general statistics of drunken standard, deduce the sentenced to probation andavoid the mastery scale; in-depth study that behavior of human cognition factor and will state,clear understanding whether to include that drunken behavior and asked whether the actordriving risk factors should be in.Fourth,analysis of the A court in the practice of the driving behavior cognizance.Throughthe investigation on the A court interview, clear " racing "," vile" should be included in thecontent; instigate, or force others to dangerous driving should be the crime of dangerousdriving process, at the same time that the other two conclusion: processing and dangerousdriving behavior with the cars of people, only need to apply administrative punishment.; onthe "top package" behavior according to the crime of shielding, but should be limited todangerous driving behavior of sentencing, when dangerous driving behavior if thecircumstances are minor, harmless, no treatment should be on the " top package ".Fifth,discussion on A court in the practice of the dangerous driving crime sentencingstandards.Based on the A court sentencing circumstances116cases determined statistics, thatcourt of dangerous driving penalty probation and exempted from criminal punishmentstandard;Based on the conclusion of this paper, the judge in sentencing on dangerous drivingshould be comprehensive evaluation system according to the specific circumstances of thecrime, principle of suiting punishment to crime, and take facts as the basis, take the law as thecriterion, rule, system accurately apply the plot is the use of favorable and unfavorablecircumstances, reasonable adjustment of penalty.