The Cognizance Of The Crime Of Dangerous Driving And The Legislation

With the rapid development of our country's economy and speed up the pace of urban and rural integration,more and more people are more willing to buy private cars for traveling,for travelingfollowed by a growing number of drunk driving,driving behavior,then presents an upward trend.In order to intensify the crackdown,we need to solve this problem.The crime of dangerous driving was formally written in 2011 in the criminal law amendment(8),which made up for the legislative gap in the criminal law.The crime of driving on dangerous driving is going to be followed by the pursuit of race,bad behaviour and drunk driving.Then,"criminal law amendment(9)" was promulgated in 2015,and on the crime of dangerous driving behavior scale expansion,is engaged in the school bus or passenger transportation,serious overload,speeding and illegal transportation of dangerous chemicals and are written to the criminal law.This is seen as a way of increasing the severity of the damage.But it still exists some problems,such as the scope of the dangerous driving behavior is very narrow,the boundaries of crime and the crime is not very clear,make dangerous driving sin does not play a good role of a shock.Therefore,there is still a flaw in the legislation of dangerous driving,which needs to be discussed in this paper to improve the crime of dangerous driving.The contents of this article are three parts,the first part,the analysis of the concept of dangerous driving,and the characteristics of the formation of dangerous driving.The second part,first of all,this paper on that aspect of the crime of dangerous driving and elaborates the defects,further analysis of the related charges,compares the crime of dangerous driving and has the difference between the traffic accident and dangerous driving sin and differences between crime of endangering public security with dangerous methods.Secondly,this paper discusses the legislation deficiency of dangerous driving sin,such as the imperfection of the scope of behavior of the crime of dangerous driving,bad to chase race on the plot of the composition of the conditions and decide how to analysis in the bus or in the carriage of passengers abouthow serious overload or speeding the recognition of the problem.The third part,this part is to perfect the legislation Suggestions of lawmaking,must first legislation on the constitutive requirements,secondly puts forward legislative Suggestions for punishment.