Chase Race Driving Type Of Dangerous Driving Crime

Criminal Law Amendment(8) states: " Chase race driving on the road with bad plots or drunk driving on the road will be punished by criminal detention and fine. But a heavier penalty will be given while compared with other crimes." Dangerous driving behavior has been hated by the public, dangerous drivers are described as "four wheels of rogue ". This new crime can be seen as an active fight on the "car era ".The majority of people grin, but judicial officials are frowning because of the minimalist statute presentation. More than four years, the judicial application let us see: between the legislative passion and the enforcement reason, between the public opinion and justice, between the theoretical debate and statute presentation, all reveal an indistinct mystery: whether dangerous driving refers only to chase race driving and drunk driving? Chase race driving can only refers to drag racing? With explicit standard that 80mg/100 ml, could drunk driving apply proviso clause?In the face of complicated problems, the most embarrassing situation is the imbalance between two types of dangerous driving: drunk driving becomes the high incidence of cases, the number of judgments preceded only by the theft which is described as the first crime. But the case of chase race driving is very rare, this does not mean this type of behavior is rare, or the plot is entirely restrict to the punishing range, the key of the problem lies in the meaning of chase driving. The problem that what’s the meaning of this type of behavior is not solved. Endlessly dispute on the legislative intent of provisions will not help in solving practical problems. All we have to do is to clarify the behavior boundaries by resolving the classic cases.In order to analyze the misunderstanding and the accurate explanation of chase race driving, this paper will combine the theory of substantive criminal law and typical cases. In order to present the chase race driving, this paper will use different criteria to distinguish the type of behavior. At the same time, the dangerous method of behavior will be compared with the crime of endangering public safety. Combined with drivers’ negative psychological, this paper will analyze the subjective aspect of this crime and whether a particular subjective element is necessary; Combining the theory of criminal procedure, this paper will compare the key evidence and witness testimony of two types of dangerous driving. On this basis, how to exclude the illegal behaviors will be discussed. At last, this paper will expound how to revise accusation.