Research On The Crime Of Dangerous Driving Under The Perspective Of Risk Society

To control traffic risk, in 2011 China’s "Criminal Law Amendment(eight)," created dangerous driving, the "drunk " dangerous driving behavior and "chase " race dangerous driving behaviors included in the scope of criminal regulation. November 3, 2014, the twelfth meeting of the Eleventh National People’s Congress of the "Criminal Law Amendment nine(draft)", the proposed increase in the crime of dangerous driving behavior types. However, dangerous driving in the criminal law created, did not eliminating the circles to establish the reasonableness of dangerous driving, the legitimacy of the question, while the crime of dangerous driving on the judicial application there are a lot of controversy. so, the article through the interpretation of risk and risk society theory of criminal law, to provide a theoretical basis for the establishment of the crime of dangerous driving; in-depth analysis of the current status quo and major traffic hazard type of behavior, and learning from the experience of countries and regions outside for our dangerous driving acts of sin choose to provide a reference; clarify constitute the crime of dangerous driving, with clear boundaries crime and not crime, this crime and other crimes. Provide recommendations for further improvement of legislation and apply the crime of dangerous driving.The first chapter is elaborated on the risk of social and criminal law to deal with. By way of background and theoretical connotations era of risk society theory formation summarize, for the criminal law to deal with the risk of social theory to clarify the premise, and then elaborate the specific content of the risk of criminal law theory. At the same time, through social theorists on risk and risk criminal theory argue combing, combined with the specific risks facing society status quo, discusses the background risk of social transformation under the criminal law of inevitability and risk selection should be under criminal law background of social transformation have meaning.The second chapter describes the risk of traffic risk society and its legal regulation. This chapter is divided into four sections, Firstly, the traffic is converted to a real risk of harm’s way, from the perspective of an empirical analysis of the risk of harm to the society and common types of traffic risks. Then, from the perspective of civil, administrative and criminal laws of the different legal department reviews the risk of traffic regulations and their limitations, illustrate the advantages and disadvantages of criminal legal regulation of dangerous driving. At the same time, through the introduction and summary of national and regional transport risk extraterritorial criminal legal regulation experience, the risk of traffic Criminal Regulation for reference.The third chapter is to constitute the crime of dangerous driving elaborate. This chapter analyzes the object of the crime of dangerous driving, crime subjective aspect and objective aspect of crime. Obtained by demonstrating the danger of manufacturing transportation of dangerous driving behavior violated legal interests object to "road traffic safety and order," the new ideas. Scholars of different analytical perspectives comb that subjective aspects of crime of dangerous driving offenses constituted only by intentional. The objective aspect of the crime of dangerous driving that constitute drunk dangerous driving drunk standards should apply objective criteria to exclude individual standards, as long as people reach dangerous driving behavior law Standard provisions should be drunk all the punishment; Chase race dangerous driving offenses without regard to motor vehicle speeding objective premise, and the chase race driving type of non-essential accomplice crime of dangerous driving, driving competition in line with the pursuit of the objective elements of behavior, In serious cases reach harmful levels of individual actors chase race driving behavior can be identified as chase race dangerous driving.The fourth chapter is mainly to dangerous driving crime legislation and the judicial application are proposed. May increase the risk by amending the law driving behavior type of sin, guilt clearly dangerous driving offenses specific and rational allocation of the principal penalty, additional qualifications punishment, while the effective use of the probation system, in order to play an active role in governing the crime of dangerous driving in traffic risk.