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Research On Dangerous Driving In The Tpye Of Racing Driving

Posted on:2015-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:H HuangFull Text:PDF
GTID:2296330467459982Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Ever since human society entered the automobile age,the popularity of the vehicle so that the peoples of the world to fully enjoy the convenience and comfort of action,but the attendant is inevitable that public safety and other issues.If the illegal act of driving a motor vehicle or ambiguous provisions of improper,in a certain extent,it will cause public panic and anxiety,and seriously disrupted social stability or harmony.Order also plays a very important role in human life,we must have a good criminal laws to regulate,so that we can safeguard the stability.Since the current regulations for the crime of dangerous driving just to stay in the primary stage in China.Therefore,from the perspective of the racing driving to study the existence of the crime of dangerous driving,to ensure that the pursuit of judicial practice in our country has a relatively and clearly defined criteria in the future. Clarify the racing driving and other dangerous driving differences and connections.For the concrete analysis of concrete conditions,in order to we have broader horizons in racing driving behavior. Combined with the relevant provisions of other foreign countries,and study the experience of foreign legislative,I hope that it will be helpful in the future legislature criminal legislation.At present, racing driving, the crime of dangerous driving objective and subjective type elements will be in a confusing state.Especially in competitive driving behavior during the chase.Motor vehicles,the range of traffic and vile circumstances are difficult to form a uniform standard. To some extent, judicial discretion would lead to excessive judicial officers,it will provide some space for judicial corruption.As a result,it is very difficult to establish judicial authority.the criminal action only in the law to advance the case,it will can play their own unique effect.At the same time,some of the crime situation is also a blank exemptions.It is deviate from that our country advocates the idea of building a socialist harmonious society.I hope that my humble opinion will provide some reference for the judiciary.Compared with racing driving a similar type of dangerous driving offenses differences and relations,to some extent,we can distinguish the difference with other analogous actions.So we can have a clear definition of the standard for the chase driving type of dangerous driving offense in the applicable.Drawing lessons from the mode of foreign legislation,and combined with the current legislation of our country,to learn from the experience of some advanced legislation,it will indicate the future direction for our legislative trends.In addition,I devote myself to analysis how to prevent and reduce crime chase race driving by criminal policy, to compensate for the lack of its provisions,in order to achieve reflect the value of the criminal law.So as to protect human rights, personal rights and interests and maintain social harmony and stability of our sociaty to make a little contribution.
Keywords/Search Tags:Racing driving, Crime Constitution, Serious Circumstance, PenaltySet, Criminal Policy
PDF Full Text Request
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