Research On Sentence And Composition Of The Crime Of Dangerous Driving

The crime of dangerous driving is a newly-added accusation in CriminalLaw Amendment (Eighth) Bill. In the past four years after its criminalization, seenfrom the whole country, this accusation is very common in practice and its caseloadis enormous, well above that of other newly-added accusations.However, thenormative statement of the crime of dangerous driving in Criminal Law Amendment(Eighth) Bill is only as follows:“Chase race driving of motor vehicles on roads if thecircumstances are flagrant, or drunk driving on roads, be subject to detention or afine. Whoever commits any crime mentioned in the preceding paragraph,which constitute other crimes, shall be convicted and punished according to theprovision whose punishment is more serious.” Although the Supreme Court, theSupreme People’s Procuratorate and the Ministry of Public Security jointly issuedthe file of（2013）15on December18th,2013,that is: Opinions on Issues Concerningthe Laws Applied to Handling Criminal Cases on Drunk Driving (hereinafterreferred to as Opinions), the Opinions only involves partial content. It only definesthe implication of drunk driving of motor vehicles on roads (hereinafter referred toas drunk driving), partial concerned issues over conviction and sentencing andthe procedures for handling cases.At present, there are still many difficult problems that need to be addressed as amatter of urgency on the level of judicial practice. Through analyzing constitution ofthe crime of dangerous driving, the writer finds that there are prominent problems inour country’s dangerous driving system, including: its limited crime types, the slightpunishment of principal penalty and imbalance in sentencing. The limitedness of itscrime types directly leads to the fact that although drug addicts who drive aftertaking in the drugs are extremely dangerous for road traffic safety, they can not beinvestigated for criminal responsibility according to this crime. For the fewdangerous driving doers who do not care detention, the slight punishment ofprincipal penalty can not deter or warn them as it is supposed to when legislating. Imbalance in sentencing directly affects the effective working of dangerous drivingsystem. In the meanwhile, it also misleads the public to think that there is capriciouslegislation in the judicial practice of the crime of dangerous driving.Crime constitution is the basis to study detailed accusation. From the angle oflaw, this paper goes into the crime constitution of dangerous driving, the differencesbetween the crime of dangerous driving and related crimes, and plots that influenceconviction and sentence of the crime, so as to be able to correctly clarify thedistinction between the crime of dangerous driving and noncrime as well as thedistinction between this crime and other crimes. Closely connected with judicialpractices, the paper works on ways to solve practical problems, specific to problemsthat arise in judicial application of the crime of dangerous driving. It focuses on thelimited crime types, the slight punishment of principal penalty and imbalance insentencing of the crime of dangerous driving, which serve as a kind of powerfulbasis of perfecting the dangerous driving system. On basis of analysis and researchof the above problems, the paper explores solving ideas and solutions further.Starting with the two aspects of legislation and judicial explanation, the papersuggests that we should expanse the crime types, increase the range of punishment ofprincipal penalty and regulate sentence. I hope it will be beneficial to the theorystudy and judicial practice of the crime of dangerous driving.