Disuss Drunken Driving Electric Cars To Dangerous Driving Crime Sentence Case

According to concerning sectional statistic data shows our country motor vehicle volume accounts for roughly2%of the global total, but each year the number of deaths caused by traffic accidents has accounted for20%of the world, the United States was10times higher than the world average. In recent years, the "dangerous driving" behavior caused serious traffic accidents occurred frequently, a serious threat to the social public safety, become a big public hazard of the society. In the face of some dangerous driving causing vicious criminal cases, judicial authority over injury and the results are inconsistent, the results of the trial caused wide attention and controversy in academic circles. Based on March15,2012in hefei Zhang Jia drunk driving unlicensed electric tricycle was convicted of dangerous driving crime case as the breakthrough point, in-depth analysis of the crime of dangerous driving and traffic accident crime and the crime of endangering public security crime and criminal constitutive requirements, subject to drunk driving electric cars at the same time the social harmfulness of this behavior from the perspective of technical and legal expounds respectively, and illustrates the drunk driving electric cars to dangerous driving sin sentenced social effect and legal effect, the introduction to China’s criminal law in the discussion of the related regulations, the crime of dangerous driving and through the comparison of Chinese and foreign legislation, analyzes the deficiency of the existing law.The author thinks that, at present, the crime of dangerous driving the implementation of existence of illegal adjustment scope too narrow, drunk driving in the evaluation criteria of drunk too low, chasing the qualitative standard race driving behavior is not clear and the penalties of "dangerous driving sin" is too low, should be fully draw lessons from foreign legislation and perfect the existing criminal law system in our country. Amendment to the criminal law of the People’s Republic of China (eight)"article22listed, only lists the drunken driving motor vehicles and chase race drove two kinds of criminal cases, machinery, lack of risk for dangerous driving behavior reveal the nature of crime. The author thinks that in view of the defects, we should modify criminal charges, narrow the scope of the dangerous driving sin generalization, amend the dangerous driving sin to chase race on crime and the crime of drunk driving; Or modify "criminal law amendment (eight)" the regulation of the scope of punishment of the crime of dangerous driving, fatigue driving, drug driving situations such as included; At the same time should also increase the penalties and increase punishment means to achieve the effect of better punishment of dangerous driving behavior.