Research On Issues Concerning Overcrowding And Speeding Of The Crime Of Dangerous Driving

Based on the idea of safety of criminal law, most countries under the rule of law make overcrowding and speeding- these two dangerous driving behaviors crimes, on which our country mainly impose administrative penalty that is too light. Under the impetus of hot cases, our country has gradually realized that overcrowding and speeding of specific vehicles engaging in school bus services and passenger transport cause the abstract danger to the public safety. On account of necessity of protecting the public safety benefit, with the legislative feasibility conditions provided by inheritances of experience of administrative penalty, the promotion of devices of measuring speed and monitoring and the judicial reference to of drunk driving, overcrowding and speeding have been brought into the crime of dangerous driving according to the ninth amendment to the Criminal Law. Hereby, the necessity and the feasibility of making overcrowding and speeding crimes will be discussed in Part One.Because of its immaturity and lacks of related theory research and judicial practice, the judicial cognizance of this crime becomes tough. So, Part Two following the main line of “two-class” crime system of illegitimacy and imputability, has demarcated “behavior body”, “behavior”, “consequence” and “responsibility requirement elements” and etc. In overcrowding and speeding of the crime of dangerous driving, “the driver” is not required to gain a qualification to drive, “vehicle owners and administrators” can be natural persons or units, and “accomplice” can be set up. The meaning of “the road” is shown a trend of expansion, as long as it is not a specific section like parking lots and other places which social vehicles can free pass. “Driving” should use the theory of “substantial operating and movement”, and only the substantial operating can make the vehicle produce displacement, which can set up “driving”. The cognizance of “the motor vehicle” should set up a technical standard of judicial authentication which adapts to abstract danger of public safety of the crime. “The school bus services” emphasis on the nature of picking up students receiving compulsory education, not limited to formal school buses. “Passengers transport” includes regular buses(extra buses), chartered bus transport, tourist transport, city public buses and urban-rural buses, not limited to the vehicles which obtain the legal operation qualification. Meanwhile, overcrowding in city buses that not exits should be excluded from the crime of dangerous driving. “Serious overcrowding” and “serious speeding” should raise the appropriate standard according to the gap between drunken driving and drunk driving, setting up reasonable elastic space between administrative penalty and criminal penalty, and set a relatively fixed standard of number and speed, to avoid conviction and sentencing imbalances. The cognizance of “consequence” should base on principles of typed behaviors as provided by law, but it allows to deny the premise of setting up the abstract danger which refers to realistic danger via general situation of behavior and general life experience. “Responsibility requirement elements” should adopt the theory of “intent”, which contains both direct intent and indirect intent.On the basis of the reason for making a crime and judicial cognizance, Part Three put forward further suggestions on this crime: First, clear applicable standards to avoid controversy and affecting practical results. Second, expand regulation range, and make lorries speeding and overrun behaviors crimes. Third, enhance the maximum penalty to avoid the problems of the body of the penalty execution which are brought about by criminal detention that is known as the highest penalty, concurrent punishment of set term of imprisonments and the related crime sentencing. Fourth, strengthen sentencing standardization, and set up reasonable sentencing plots with overcrowding and speed ratio as basis circumstances.