Argumentation Crime Of Dangerous Driving And Dangerous Way The Boundaries Of The Crime Of Endangering Public Safety

Although the original relevant administrative regulations and criminal legislation in China is dangerous driving behavior for the corresponding rules and regulations, but to little effect, is rampant dangerous driving behavior, are causing traffic accidents. Dangerous driving sin is a new crime, in the article are dangerous driving sin only includes two behaviors, one is\"the pursuit of competitive drive\", the other is\"drunk driving\". Since set up this crime, how in the original system of criminal law correctly apply the relevant provisions of the crime of dangerous driving, theoretical and practical circles in controversy, unable to agree.The author in studying abroad for dangerous driving behavior into sin, on the basis of the theory and recent judicial precedent, set up in dangerous driving sin, to analyze the definitions, and puts forward the opinions about the legislation, in order to solve the present judicial predicament. For dangerous driving crime and the crime of endangering public security with dangerous method, respectively, were summarized, tells the story of these two concepts related content and concrete manifestation, characteristics, analyzed and discussed for dangerous driving crime and traffic accident crime, the crime of endangering public security with dangerous method, the difference between emphatically demonstrates the difference between the crime of dangerous driving and traffic offences to each other, and demonstrates the existence of the aggravated consequential offense of crime number sense contact theory. To further clear the constitutive requirements, and to dangerous driving behavior in practice do it right. For dangerous driving crime and the definition of the crime of endangering public security with dangerous method and dangerous driving crime legislation is important the writing purpose of this article, the author hope that through the legislative interpretation way to perfect indictment, constitutive requirements and legal sentence, draw lessons from foreign mature legislation as a result, and combining our country’s legislation experience, through the judicial interpretation of abstract summary of traffic offences, for both good definition, proposes some Suggestions to enrich the offence form.