Theoretical Analysis And Practice Application Of The Overload And Overspeed Type Of Dangerous Driving Crime

In recent years, Heavy casualties and property damage cases which caused by dangerous driving behavior such as chase competition driving and drunk driving,overspeed driving and overload driving.The Criminal law Amendment eight was adopt in The standing committee of the 11thNational People’s Congress in the February 15,2011. The chase driving and drunk driving were included and were defined dangerous driving offenses.After more than three years of implementation of the charges. It achieved good social effects, such as drunk driving reduced significantly and public awareness about refusing to drunk driving has been enhanced.Inrecent years,the traffic accident of school bus and bus always happened,most of them were caused by overloading and speeding,so the overloading and speeding were defined as the crime of dangerous driving in the Criminal Law Amendment nine which was adopt in the NPC Standing Committee on August 29,2015.This paper attempts to describe and analyze the following five parts: legislative background and basic concept, analysis of Objective behavior, Subject fault, accomplished and attempted,contact-related offenses. This paper ultimately provides some theoretical supports for the judicial application and legislative improvements of the overloading speeding-type crime of dangerous driving.The first part introduces the growing trend of crime circle in the context of the risk society. This paper argues that it is necessary to recognize certain behaviors as a crime with the increase of social risks. We should abide by the Tolerance of Criminal Law. Secondly, this article describes the background of this legislation,because of the frequent occurrence of the phenomenon of overloading and speeding of buses.The second part mainly analyze the subjective of this crime. In this paper,I will analyze the basic concept of the crime of intentional and negligent. This crime is intentional rather than negligent.The third part try to define objective behavior of this crime School buses and school bus services both included school buses that legally obtained permits according to the school bus safety regulations and include buses play a rule in the actual school bus vehicles. Found on buses should refer to road passenger transport and passenger regulations. It should be of a commercial nature. On how to define a serious,I think severe overload shall exceed fifty percent of the rated carrying capacity. In the ordinary urban roads should be prescribed more than seventy percent per hour, while it should exceed the fifty percent per hour on the highway.The fourth part intends to define the accomplishment of crime. The establishment of dangerous crime offender is equivalent to the accomplishment of perilous criminal. The state attempted crime does not exist. It constitute a crime accomplished when the dangerous driving behavior reached a critical level.The fifth part of this article introduces the difference of the overloading –type and speeding-type dangerous driving and the traffic accident crime and the crime of endangering public safety. I think The objective behavior of the endangering safety crimes versus arson, flooding, explosions with considerable resistance. They are of similar conduct.. This is a subjective intentional crime, but the traffic crime is subjective fault. Their behavior is not exactly the same objective.