Dangerous Driving Crime Research On Several Issues

In recent years, with the development of our country economy and people’s living standard rising, cars as transportation has entered innumerable families. Car in the world bring you a convenient transportation, at the same time, frequent traffic accidents also caused significant casualties and property losses, to the public’s life and property bring serious health threat, if only by administrative means to regulate some causes no harm result of drunk driving and driving pursuit of dangerous driving behavior, will produce the effect of the indulgence. To better protect the legitimate rights and interests of the masses of the people, increase penalties for dangerous driving behavior, and give play to the role of law education and warning, on February 25, 2011, the NPC standing committee deliberated and adopted at the 19 th meeting of the "criminal law amendment(eight)" dangerous driving sin has been added, provided for in article 22 of this: add a after article one hundred and thirty-three of the criminal law, as one of article one hundred and thirty-three: drive a motor vehicle in the road to chase race drove, if the circumstances are flagrant, or drunk driving a motor vehicle on road, detention and fines. Dangerous driving sin will drunk driving behavior and chase race driving behavior into the category of criminal law.However law for the regulation of dangerous driving sin too fuzzy, there are many controversies in the judicial practice, result in some similar cases, very different in the process the results, in order to perfect the crime of dangerous driving to adapt the demand of judicial practice and criminal law theory, this article attempts from the cognizance of dangerous driving sin was established, the "surrender" determination of drunk driving, the boundaries of dangerous driving crime and relevant crime of dangerous driving sin is analyzed.In this paper, the first chapter is mainly about the concept of dangerous driving crime in judicial practice, the "road", "motor vehicle", analyzes the specific meaning of "drunk". First is for the cognizance of "road", the author thinks that the judgment of the "road" is the key to whether it conforms to the road of "public" characteristics; Secondly, is that of "motor vehicle", in the judicial practice for electric bicycle is belong to the controversial of electric vehicles, the author thinks that our country will now be the timing of the electric bicycle into the scope of "motor vehicle" is not enough mature, excessive broadening the scope of punishment will affect the development of the electric bicycle industry, therefore should not be identified as "motor vehicle electric drive, also does not require a launch or motor vehicles driving state; The risk is a type of drunk driving in the cognizance of "drunk", the author argues that used to implement the objective standard of operation, if the blood alcohol content values do not agree with breath alcohol levels, USES the blood alcohol level values more scientific, exhale for alcohol content detection and then escape the blood alcohol content test driver, we can according to breath alcohol testing results for the rider to criminal responsibility of drunken driving.Surrender in the second chapter, "drunk driving" approved ". This part discuss that in the process of the traffic police raids, driver to the public security organ shall truthfully confesses his initiative to drink driving shall be deemed to be "surrender". The driver is on the phone notification as accomplices and truthfully confesses his crime should also be identified as "surrender".Third cheong part compares the related dangerous driving crime and crime, analyzed the difference between the crime of dangerous driving and traffic offences with contact, dangerous driving crime and crime of endangering public security with dangerous method of differences and relations. Dangerous driving crime and traffic offences or crime of endangering public security with dangerous method is not antagonistic relations, under certain conditions to form the competition relationship。...