| The "criminal law amendment(nine)", which came into effect in November 1, 2015, shows a more obvious tendency towards criminal legislation. In order to better meet the needs of prevention and punishment of crimes, the criminal law now applies to some behavior which was not stipulated as criminal behavior. Among them, the further expansion on the crime of dangerous driving as an abstract dangerous crime has aroused widespread controversy. The theory of risk criminal law provides the theoretical support for the abstract dangerous crime, but the criminal legislation under the basically formed socialist legal system today should be restrained in a reasonable range. The behavior of drunk driving coming into effect in criminal does not violate the principle of modesty and protection on itself. There is legitimacy and feasibility on the reason of punishment on drug driving, and the conditions are increasingly mature, which should be included in the scope of criminal law regulation as well as drunk driving as a dangerous driving behavior, which can show the fairness and harmony of the criminal law. The issue of blind driving behavior which has incurred a powerful voice does not goes the same for it does not meet the standards of the crime nor has the feasibility thereof, which should not be included in the scope of criminal law regulation. Only in respect of 4 types of behaviors on the crime of dangerous driving, there is still need on making a further explicit statement in judicial practice and how to interpret the criminal law, allowing it to obtain a better application, which is also what the article wants to make an inquiry.Chapter one focuses on the legislative overview of the crime of dangerous driving, the establish of dangerous driving crime in "criminal law amendment(eight)" and the expansion thereof in "criminal law amendment(9)", reflects the change of social reality, which is also because of the guidance of theory of criminal law. "Sun Weiming case" and "Li Jingquan case" incurred great controversy on drunk driving, "Hangzhou case" once again remind people to reflect the public security of the high-speed transport, there also seems to be some kind of inevitability in dangerous driving crime. In sum, the theory of risk criminal law really helps us understand the notion of implementation of the expansion of the scope, abstract dangerous crime.Chapter two, with the doctrine of criminal law science, carrying out some research on the two new dangerous driving criminal in the "criminal law amendment(nine)", trying to provide a reasonable explanation for the confusion and controversy in the judicial application of dangerous driving crime. In the "double super" dangerous driving crime, freight "double super" should be excluded, and such provisions are reasonable and necessary. According to the relevant provisions of the existing laws and regulations, school bus services shall be limited to shuttles carrying more than seven students with nine year compulsory education stage, but I believe that school bus range should be at least widen to preschool education kindergarten one. Passenger transport should be done to narrow interpretation, includes only vehicle transportation of passenger. According to the joint crime theory or the theory of supervisory negligence, defining the scope of owner of a motor vehicle and the administrative person who have direct responsibility. As for the standards of overloading and speeding criminal, it should be on the basis of the existing administrative punishment standard and properly raise the threshold for conviction to show of criminal law and the principle of protection, and also taking into account the reasonable connections between administrative law and criminal law.Chapter three, combined with the social hot topics, analyzing the problem on legitimacy and feasibility of punishment for drug driving and blind drive one by one. Nanjing 4- 22 serious traffic accidents and Yangshan 11- 03 serious traffic accident are two malignant traffic accidents respectively caused by drug driving and blind driving, causing great damage to majority of human life, health and property rights and interests. In order to accomplish a nip in the bud, playing a deterrent effect of criminal law, for the protection of public interests, there is great voice of securing the conviction for dangerous driving behavior like drug driving and blind driving. Drug driving, which itself is illegal and causing serious social harm, along with drunk driving both belong to reason free behavior, its harmfulness is worse compared with the drunk driving to the society, and the administrative punishment seemed powerless in drug driving issue, but due to some test technical barriers and fuzzy cognizance standard, drug driving into the penalty has been stranded due to lack of operability. With the improvement and popularization of saliva testing technology and the further clarification of the standard of judgment, drug driving into the criminal has a considerable feasibility. Drug drive into the punishment is an irreversible trend. What’s different from this is the blind drive, for the characteristics of blind driving behavior as lacking legitimacy and feasibility for the conviction. In order to avoid the void of the law, I believe that the blind drive into the criminal should be careful.Finally, I think that the regulation of criminal law of dangerous driving behavior is to protect the legal benefit, but crime ring expansion also symbolizes the expansion of the national rights, although necessary, reasonable and moderate crime is the social governance need, but the protection of private rights and legal interests, restrictions on rights is still the pursuit of modern democratic countries under the rule of law, handling limits on criminal regulation for dangerous driving behavior is particularly important, while using the risk of criminal law theory for social governance at the same time, it’s also essential to prevent the risk of criminal law that the expansion thereof may bring, dealing with criminalization in a more scientific, reasonable and prudent way, not forget the bottom line of the rule of law. |
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