On The Legislative Perfection Of The Crime Of Dangerous Driving In Our Country

A correct understanding of dangerous driving crime legislation intention,the full implementation of this crime law constitutive requirements, truly reflect the social benefits of legislative work, complete the social era of target in accordance with the law, is each law enforcement responsibility. Due to dangerous driving sin hasty legislation background, abstract law,criminal law provisions of dangerous driving crime, there are obvious limitations, thus resulting in a certain deviation in the law enforcement practice and imbalance, the blow the behavior of the not very good implementation in place, its legislative space there is a larger space is discussed in this paper. This is the reason that this article selected topic, also is this article attempts to solve the problem. The full text is divided into four parts:The first part mainly studies the present situation of the dangerous driving crime in our country. This part from the legislation present situation and the judicial status quo of dangerous driving crime from two aspects to clarify the current practice of dangerous driving crime, crime of dangerous driving is at risk of growing social reality in certain, lawmakers hope to be able to quickly reverse of social disorder, but by the empirical data analysis, in the crime of dangerous driving crime form, there is an obvious imbalance. Harm serious pursuit race drove across the highway dangerous driving crime enforcement activities in the blank, no case was filed for investigation, all the forms are all drunk driving. In the school bus, passengers vehicles and for transport aspects of criminal punishment is blank.The second part mainly studies the problem of dangerous driving crime of judicial application in our country and the reasons. The first part illustrates the problems of dangerous driving crime of judicial application, from a line of investigation in the law enforcement police probing into the cause of the crime of dangerous driving problems, enumerates the evidence is not stable enough and punishment too light, and so on questions, and then to solve these problems, this paper analyzes the reason of the problem. Pointed out that due to the hasty legislation, law of abstract and so on innate reason brings about difficulties in practice.The third part mainly studied the dangerous driving behavior outside of the related regulation. This section lists both the European and American law system of the united states and Britain in the related fields of regulation, and list to the rules of the civil law of Japan, and from the evolution of the law and the concept of change, and the influence of the specific case of typical legislative work and so on to explore, summarizes their advanced experience, to provide outside of dangerous driving crime legislation in our country.The fourth part is to perfect the crime of dangerous driving and bring forward comments and suggestions. This part of the above mentioned problems to echo, through combing to the question, the analysis of reasons, reference outside experience and scientific practice, author puts forward some suggestions to perfect our country dangerous driving sin, adopting the boundaries of dangerous driving sin specific crime situation and enlarge the extension of crime of dangerous driving, at the same time, using positive and effective punishment measures involved in the related fields of regulation for dangerous driving sink, to truly achieve the legislative intent.