Criminal Law Regulation Of Dangerous Driving Crime

With the increase in vehicle density,drunk driving,chasing and other dangerous driving behavior increased,frequent traffic accidents,which,the National People's Congress has passed the "Criminal Law Amendment(8)" "Criminal Law Amendment(9)" drunk driving,The pursuit of race,double super and illegal transportation of dangerous chemicals,four driving behavior into the crime,the new crime of driving dangerous charges.The crime constitution of dangerous driving crime includes four aspects.The subject of the crime is intentional and can only be constituted by indirect intention.The objective feature is that the person who drives the motor vehicle pursues the race of the motor vehicle and the driver of the motor vehicle is driven by the motor vehicle.The parties involved in the bus business or passenger transport,serious overcrowding,or seriously exceed the prescribed speed limit,in violation of dangerous chemicals safety management of the transport of dangerous chemicals behavior.The object of crime is road traffic safety,which covers the legal interests of the life and health of others and the safety of property on and around the road."Dangerous driving" into the crime advancing with the times,played a deterrent to the suspect role,to maximize the protection of people's lives and property.But the crime in the judicial practice also showed some problems with the traffic accident crime,dangerous way to endanger the crime of public security and the crime of dangerous goods such as his crime there should be a distinction between elements of crime should be clear distinction and contact.Dangerous driving offenses in the legislative existence of a single type of behavior,the lack of standards,the sentencing setting unreasonable defects,the legislative shortcomings lead to possible judicial consequences.The problems in the judicial practice should be perfected in the legislation,and the specific provisions should be made by expanding the types of behavior,defining the criteria for the determination of the dangerous circumstances,setting reasonable legal penalties,diversifying the punishment measures and so on.In the absence of the introduction of relevant laws and regulations and judicial interpretations,should be flexible in the judicial level,for example,drunk driving can be a crime,the reasonable application of probation,to achieve dangerous driving crime and his crime conversion,comprehensive consideration of dangerous driving behavior To make a fair decision.In addition,it is necessary to regulate dangerous driving behavior through other channels and measures,such as separate prisoners for dangerous driving offenders,separate management,perfecting links with administrative responsibilities,and drawing on other countries' laws to impose ideological education and mental punishment on offenders.