Research On "Double Over And One Danger" Type Of Crime Of Dangerous Driving

< Criminal Law Amendment (ix)> The act of "engaging in the business of school bus or passenger transportation, overcrowding or speeding seriously; violating safety regulations of hazardous chemicals, endanger public safety" was defined as crime of dangerous driving. In this paper, it is known as "double over and one danger"From the analysis of the legal characteristics, the nature of "double over and one danger" is abstract potential damage. The legislative intent of the legislators of establishing the crime of dangerous driving is the penal early intervention regulation of specific criminal acts, in the hope to reduce or even prevent the dangerous driving behavior, in order to better safeguard public safety. From the point of view of judicial application, first the subject of crime expanding, vehicle owners and managers can become the subject of the crime of dangerous driving under certain conditions. In the face of the subjective aspects of the argument, this paper holds that the subjective aspect of the crime of dangerous driving can only be indirect intent. The scope of the "road" determines the scope of object of the dangerous driving crime-the public traffic safety. Here the road ranges greater than< Road Traffic Safety Law> provisions, it should also include the road of non-public traffic management range, such as docks, factories, credential, schools, etc. "double over and one danger" objective aspects including two types of crime:serious overcrowding or speeding and illegal transportation of hazardous chemicals. For the crime of "serious overcrowding or speeding", it should be strictly specified the scope of engaging in the business of school bus and passengers transportation, and standards of severe overcrowding or speeding, accurately grasping incriminate standards after considering all the factors of specific circumstances and external environments. For the crime of "illegal transport of hazardous chemicals" hazardous chemicals, transport behaviors of hazardous chemicals safety management provisions, understandings of endanger public security endangering public safety crime are all the important aspects of crime identifies. There are connections and differences between "double over and one danger" type of dangerous driving crime, crime of illegal transportation of hazardous substances, crime of dangerous goods accident, crime of causing traffic casualties, and crime of endangering public security with the dangerous method. "Double over and one danger" type of dangerous driving crime exist difficulties in the judicial practice such as filing standards are not clear, in the judicial practice in the existence of filing standards are not clear, scene investigation and evidence collection is difficult, punishment on behalf of the penalty easily become a way to avoid the crime of dangerous driving crime, lack of standards in sentencing etc. This paper put forwards improvement measures by improving technology to enhance the relationship between the fixed and the use of evidence, clear and perfect the relevant laws and regulations, reasonable adjustment and construction of the relationship between administrative penalty and criminal punishment, uniform standard to achieve the balance of sentencing. At the end of this paper, we also look forward to the future of how to effectively regulate dangerous driving behavior.