A Study On Issues Concerning The Crime Of Dangerous Driving

With the development of China’s economic and the acceleration of urbanization process, people’s living standards continue to improve, the rates of the car’s purchase and usage are rising sharply, drunk driving, drag racing and other traffic accidents caused by dangerous driving behaviors have also increased. In order to solving these problems and increasing the punishment for dangerous driving behavior, our country added the "dangerous driving offenses" into the People’s Republic of China Criminal Law Amendment (8)(it will be referred to as the "Criminal Law (8)" in after article) in 2011, it includes chasing of competitive driving and circumstance of aggravation, drunken driving motor vehicles. With such background, our country’s the People’s Republic of China Criminal Law Amendment (9) (it will be referred to as the "Criminal Law (9)" in after article) was published in 2015.Since the implementation of the crime of dangerous driving, it has played a very good effect, killed many traffic accidents from sprout and played a significant role in warning and constraints for the driver of dangerous driving behavior. However, as its range of constraints for dangerous driving behavior is very narrow, and standards of the definition of crimes are hazy, the warning role of the crime of dangerous driving has also been difficult to play. Therefore, the crime of dangerous driving has still many deficiencies and controversy in the legislation, it needs to be explored in depth for improving the relevant legislation.Currently, for the objective behavior of the crime of dangerous driving on that standard, China’s criminal law only stays in the literal level, and lacks of specific, clear define. Therefore, the author firstly discussed the objective behavior standard of crime of dangerous driving. Such as what is "motor vehicle" and what is the standard of "drunk driving" about drunk driving behavior; how to define the "chase competing driving",and what extent are "vile" about chasing competition driving behavior; What is "engaged in school bus traffic or passenger transport", the number of "severe overcrowding" in defining and how much speed is "excessive speeding" about overcrowding speeding behavior; which chemicals belong to the "dangerous chemicals" of this crime, and what extent are "endangering public security" about illegal transport of chemical behavior. By analyzing the different views as the judiciary and academia on this issue, I clarified personal point of view, in order to clarifying the objective behavior of crime of dangerous driving, and distinguish the boundaries between crime and noncrime. In addition, there are different views about whither the crime of dangerous driving is on purpose or not. By analyzing its identified difficulties of subjective aspect, I support the view of "intentionally", which expresses that the aspect of subjective for the crime of dangerous driving is conditional intent.In the circumstance of incriminating the dangerous driving behavior, it has become the difficult problems in practice about its criminal pattern. The author mainly studied this problem from two aspects of accomplished offense form and common patterns of crime, respectively discussing four dangerous driving behaviors, in order to clarify the different standard of dangerous driving behavior. Before offence of dangerous driving was wrote into criminal law, dangerous driving behavior mainly convicted in crime of causing traffic casualties and crime of endangering the safety of dangerous methods. Therefore, after the introduction of the crime, there are some competing relationship between the crime of dangerous driving and the other two crimes difference, herein also states the issues in detail, in order to further clarify the identification of the crime of dangerous driving.Since the crime of dangerous driving into the sentence, the crime achieved remarkable effectiveness, and make our road traffic safety problems effectively suppressed, but there are still some problems,such as narrower objective behavior, the penalty is too low, probation applicable standards and other issues is not clear. To solve these problems, the author put forward to expand the behavior scope of offence of dangerous driving; improve the standard penalty, and add qualifications punishment; grasp the scale of sentencing, apply to probation reasionally and other recommendations to improve legislation and hope to be able to recommend these legislative crime of dangerous driving.