The Cognizance Of The Crime Of Dangerous Driving And The Perfection Of Legislation

Crime of dangerous driving means driving a motor vehicle on the road:chase competing driving,aggravated;drunken driving;engage in business or school bus passenger transport,carrying members of the excess of the quota serious,serious or exceeds a predetermined speed driving;violation of danger chemical safetyregulations transport of dangerouschemicals,endangering public security.In recent years,with the rapid development of China's economy and society,significantly improved people's living level of consumption of the car as the vehicle has entered every household.Car to bring convenient transport,while frequent traffic accidents caused significant casualties and property damage,serious threat to life,health and property of the public,if only administrative means without causing some of Regulation harmful results of drunken driving,chase competing driving and other dangerous driving behavior is difficult to reduce the occurrence of similar acts.In order to better protect people's personal and property rights,to increase penalties for endangering public safety in dangerous driving behavior,give full play to the role of legal education and warning,the Eleventh National People's Congress February 25,2011 "criminal Law amendment(?)",adopted at the 19th meeting of increased crime of dangerous driving,the drunk driving behavior and vile chase competition driving behavior included criminal regulation category.November 2015,"Criminal Law Amendment Nine" added "school bus,passenger overloading,speeding" and"violation of the provisions of the transportation of hazardous chemicals" two kinds of dangerous driving behavior.Additional crime of dangerous driving not only to fill the loopholes in the criminal justice system,but also the idea of legislation mainly from the results of standard into the behavior-based,effective solution to the penalty lag problem is the big event in the history of criminal law is of great significance.However,since the crime of dangerous driving is a relatively new charges,the establishment of the crime,on the one hand reflects the development of the social dimension of this stage of the crime of dangerous driving behaviors into demand,on the other hand,the risk of driving the Crime and punishment are still in the exploratory stage,our legislative,judicial level,there are some issues that deserve discussion and study.This setting is crime,there are many incomplete place,and traffic accident crime,endangering public safety crime Concurrence also practice dilemma,the same behavior likely to cause embarrassment different conviction.Therefore,this paper aims at analyzing and identifying the crime of dangerous driving,dangerous driving offenses and other offenses distinguish and legislative malpractice and other issues to discuss Legislative Perfection of the Crime of dangerous driving.This article describes the crime of dangerous driving legislation,analyzes the constituent elements of the crime of dangerous driving,dangerous driving elaborated identified and Crime Legislation.Finally,to solve these problems is proposed adjustment range conviction,determining conviction standards,improve the legal punishment and other suggestions in order to improve our legislation play a driving force.