Theory Of Dangerous Driving Crime Legislation Perfect

With the continuous improvement of people’s living standard, the motor vehicle has become a necessity of family life and more and more people choose to buy private cars instead of taking the bus. With the increase of the numbers of the motor vehicles, traffic accidents have also increased. Dangerous driving behaviors not only bring great threat to people’s travel security but also bring great harm to people’s lives and health’. Criminal Law Amendment (eight). adds a new crime of dangerous driving which effectively controls the dangerous driving behaviors to some extent. While as a new crime, there still exist some problems in its application. This paper, taking the Yanbian Korean Autonomous Prefecture as the investigation object, attempts to find out deficiencies in the application of the crime of dangerous driving and puts forward some countermeasures for improvement so that it can provide some theoretical support for the new crime in the national judicial application in the end.This thesis consists of four parts. Chapter one is introduction. This chapter introduces the present status of motor vehicle ownership as well as the researching purpose and meaning of dangerous driving crime.Chapter two is an overview of the crime of dangerous driving which mainly introduces its definition, legislative background, penalties and its enactive significance that focuses on the risk and seriousness of drunken driving behavior and plays an important role in preventing crime. On one hand, it is helpful to make people have a better understanding of this new crime; on the other, it provides theoretical groundwork for the following analysis of the deficiencies and countermeasures in its application in Yanbian State.Chapter three explores problems existing in the application of the crime of dangerous driving. First of all, it summarizes the existing problems by analyzing the dangerous driving situations occurred in Yanbian State from January 2011 to December 2014. Secondly, it points out the deficiencies of the application of the dangerous driving crime, that is to say, the standard of judging the drunken driving is not perfect. Finally, it sums up the unreasonable configuration of penalties for the new crime by a comparative analysis of the verdict results on the dangerous driving cases occurred in Yanbian State.Chapter four accordingly puts forward countermeasures for the improvement of the dangerous driving crime. Firstly, to perfect the standard of judging drunken driving behavior, we should analyze the cases according to the specific circumstances and cannot blindly rely on the objective criteria. Secondly, to consummate the configuration of the penalties for dangerous driving crime, two situations need to be analyzed separately:for drunken driving or driving chase on the road, if the circumstance is vile but does not cause a traffic accident, the responsible persons can be sentenced to detention or their driving license is suspended for more than six months or less than one year and appropriate penalties can be imposed; if it cause minor traffic accident, the responsible persons can be sentenced to fixed-term imprisonment for not more than one year and the driving license is suspended for more than one year to less than three years or is revoked and corresponding fines are imposed.