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Legal Issues On The Constitution Of The Crime Of Dangerous Driving

Posted on:2016-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:J MaFull Text:PDF
GTID:2296330461975613Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In order to positively respond social reality and to perfect laws and regulations, the 8th Amen dment of Criminal Law added article 133 of the criminal law "dangerous driving sin".This provisi on implemented greatly reduced people’s heavy burdens from the risk of traffic crime, achieved good social effects. Based on this, the author selected topic on dangerous driving for legal analysis. That can not only to clear congnitive or interpretate the constitutes of the crime.and through interpretation can brought the dissemination,cultivation,guidance and specifition to the people in public,especially the drivers,which both fit into the life of people, and has the realistic meaning of the prose creation.Started by combining traditional four elements crime constitution, in this paper, the author fir stly defined the subject of this crime. Then, through different criminal cases, the author completely analyzed the subjective aspects of this crime. And based on the legal texts, several key factors wer e strictly defined, such as road, vehicle, chase race driving, vile, drunkenness, and so forth. Hence, the objective aspect of this crime was accurately grasped. In addition, by means of interpreting th e object of this crime, the author clarified the social relationships that is protected by this provision. After analyzing the constitution of this crime, the author lastly provided some thinkings and sugg estions, aiming at making clear the the scope of regulating of this crime.
Keywords/Search Tags:the Crime of Dangerous Driving, constitutive elements of a crime, chase race driving, drunk driving
PDF Full Text Request
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