Penal Restriction Of Dangerous Driving Cause Casualties

In the recent years, the horrible traffic accidents have happened frequently, caused widespread concern. And in many cases it can be seen that the judicial authority in the same case has different conviction, sentencing are really different. If the dangerous driving cause person casualties of the qualitative case for traffic offences, as negligent crime, highest can only be fixed-term imprisonment of not more than seven years. Up to seven years of punishment obviously cannot be accepted by the victim relatives and the social public. Another approach, on the contrary, in the judicial practice is to dangerous driving death injury cases as a subjective intent of crime of endangering public security in a dangerous way, you can place shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, thus greatly increasing the punishment. Such different qualitative to the extreme contrast results of doubt in our criminal law in view of the dangerous driving cause person casualties this behavior have very big holes in regulation.This article will compares the differences between Japan for dangerous driving deadly sin for comparison and China. Combined with the actual situation in our country, to find reasonable processing way of criminal law regulation of dangerous driving death injury behavior. The article is divided into four chapters altogether, chapter one from the new <criminal law amendment(8)> dangerous driving sin, through the analysis of the crime of dangerous driving crime constitution to understand China’s current legislative situation of dangerous driving behavior, and dangerous driving sin is hence standards are discussed and an overview of the basic situation of dangerous driving death wound this behavior. The second chapter introduces the situation of the crime of dangerous driving in penal code of Japan. Japan’s dangerous driving sin, the results of such structure and its legal sentence carried law design analogy with violence to sin is very has the reference significance. And analyzed the Japanese dangerous driving death injury crime contains many kinds of behavior patterns. The third chapter for dangerous driving death injury behavior of the criminal law in China judicial qualitative this one problem, from speaking test two perspective. Focus on the traffic accident and distinguish between the two crimes of endangering public security with dangerous method difference as well as with the two charges to adjust the feasibility of dangerous driving death injury and their respective advantages and disadvantages. Dangerous driving to death finally in the fourth chapter, for our businesses to injury in the criminal law regulation put forward legislative advice for reference. Respectively analyzes Japan’s dangerous driving death injury crime legislation has positive significance to us in the experiences and lessons, and put forward in view of the new dangerous driving death wound the behavior patterns and punishment of the crimes set reasonable opinion.