The Discussion On The Crime Of Dangerous Driving

Since the policy of reform and open up to the outside world has been implemented for thirty years, people’s material life standard gets the raising, for which more and more people buy vehicles facilitates normal life and work. But at the same time, the increase of vehicles also creates more social problems. The increasing of cases of drunk driving and chasing driving brings out greater hidden danger, which results from harmful effect to life and property of non-specified people. The general public, from the legislative level, appeals for specific provision of dangerous driving, such as drunk driving and chasing driving in order to protect people’s lawful interest in life and property. In order to adhere to the public opinion, amendmentⅧ to the criminal law of the People’s Republic of China was adopted by the standing committee of National People’s Congress on February15,2011, which put the action of drunk driving and chasing driving into the scope of criminal regulation. Scholar and the public general put great attention to the crime of dangerous driving, such as the nature and scope of action, definition of subject, the criminal pattern. The author, under the background of legislation and necessity of the crime of dangerous driving, put forward suggestions and gave detailed analysis on four constitutions of the crime of dangerous driving, identification of the criminal pattern and application in judicial practice.This paper divides into4chapters:The first chapter, started with the definition of the action of the crime of dangerous driving, has given analysis and connotation of the conduct of dangerous driving. After amendmentⅧ to the criminal law of the People’s Republic of China was promulgated officially, scholars have different understanding of the action of dangerous driving. The author concludes that the conduct of dangerous driving, which violates the laws and regulations on roads and traffic control safety, is a kind of unsafe driving behavior with high level of danger that is inclined to endanger life, health, public and private property of the general public.The second chapter gave detailed analysis on constitution of the crime of dangerous driving. The object of the crime of dangerous driving is traffic safety on public roads; the objective of the crime mentioned above is the conduct of drunk driving of motor vehicles on the road or racing a car alike activity during a motor vehicle on road under extreme circumstance; the subjective factor is indirect intentional desire; the subject is the driver racing a car alike activity during a motor vehicle on road or drunk driving of motor vehicles on the road or person who forces, organizes, assists another person on the performance of the action of drunken driving and chasing driving or person who knows perfectly well that another people will drive a vehicle after drinking alcohol still accommodates and induces the person to drink alcohol. The author presents opinions on some issues, such as relative notion about the crime of dangerous driving, specific conduct of crime, crime and non-crime.The three chapter labors the criminal pattern of the crime of dangerous driving. Dangerous condition, according to the stipulation of criminal law, is considered to be the standard of completed offense of the crime of dangerous driving, so the crime of dangerous driving is potential damage offense. However, Article22in amendmentⅦ to the criminal law of the People’s Republic of China does not stipulate concrete dangerous station, for which the crime of dangerous driving is abstract potential damage offense. As long as actor commits the activity of dangerous driving, accomplishment of the crime of dangerous driving will come into existence. The crime of dangerous driving does not have unaccomplished crime and discontinuation of crime. The act that actor commits to prepare the tools for the crime mentioned above is preparation behavior, which forms preparation for crime of dangerous driving. But the conduct of preparation for crime of dangerous driving will not cause serious harmfulness to the society so that it is not necessary to penalize the behavior of preparation for dangerous driving.The fourth chapter introduces similarities and differences among the crime of dangerous driving, traffic accident crime and crime of endangering public safety in a dangerous way in terms of subject, subjective aspect, object and objective aspect. The crime of dangerous driving and traffic accident crime appear in transportation field, while crime of endangering public safety in a dangerous way may emerge in the field of transportation. It is similar in application among three crimes mentioned above, so it is essential to make a distinction among them. If actor commits the conduce of dangerous driving, the act will constitute the crime of dangerous driving; at the same time, not only the person’s conduct causes serious injury, casualties and great damage to the public and private property but also the act constitutes another crime, the actor will be penalized by the felony.