Identify And Legislative Perfection On The Crime Of Dangerous Driving

Abstract:Since the establishment of the crime of dangerous driving, play an important role in the maintenance of the road traffic safety. But that the competitive driving and drunk driving behavior, remain unclear standard, problems and other crimes is unclear. Competitive driving should also have the speeding, exist to chase the object and vile three conditions. Drunken driving behavior must have the subjective intent, for drunken driving blood alcohol content of behavior to conditions of the two statutory standards. If the case is serious competitive driving behavior should be the following criteria:in a busy road driving; vehicles and pedestrians more; many competitive driving;seriously disrupting road traffic order; caused a minor injury, many people slight injury, the property damage; competitive driving vehicles more seriously blocked the roads; traffic. There are differences of dangerous driving crime and the crime of endangering public safety in the objective aspect. The objective aspects of the former to drive a motorized vehicle on the road racing, bad plot, or in the way of drunken driving motor vehicles, endanger traffic safety;dangerous driving crime and traffic accident crime in the objective aspects have lead to major accident, causing serious injury, death or the difference between the public and private property to suffer heavy losses. The dangerous driving crime also insufficient regulation, mainly in the scope is too small, it is difficult to identify the crime and punishment is too light, problems, through reasonable expansion behavior type, clear accomplice punishment range, and improve the penalty of three aspects of perfection.