The Study On The Legal Problem Of The Crime Of Dangerous Driving

Dangerous driving was convicted two years ago, which is not only the reflection of public opinion on the internet,but also is a reality choice made in The Age of Automobile. It makes up the defect of Criminal Law about the prevention of dangerous driving, fills in the gaps between the traffic accident crime and the crime of endangering public safety.However, the world is not absolutely perfect. Because of the hasty legislation, the regulations of dangerous driving on The Criminal Law Amendment (Ⅷ) is too simple.There are lots of problems on the definition and the determination of this crime, and on the judicial application, which leads a discussion in the theory and the practice, on which is the context this article based. Through the theoretical analysis of the dangerous driving connotation in China’s current law, combined with the author’s working practice of criminal trial at the grass-roots court, this paper revises the necessity of judicial practice of the crime of dangerous driving, then to improve the criminal legislation and legal system in line with the China’s concept of socialist rule of law, to realize the real unification of legal and social effect.The main content of this paper includes four parts. Besides the introduction, the article is divided into three parts:the first part is the Interpretation of the concept, the characteristics and the constitutive elements of dangerous driving crime, and investigates the ambiguous problems related to the crime of dangerous driving from the basic theory. The second part is the data analysis of dangerous driving crime’s implementation effect in more than two years, to understand the problems and reasons of China’s legislation of the crime of dangerous driving. The third part puts forwards the control path at this stage of the dangerous driving crime combined with the author’s experience in the trial practice.