Empirical Analysis And Reflections On The Crime Of Dangerous Driving In 350 Cases In Chongqing

With the rapid development of China's economy,and a spurt of progress in the cause of road traffic,the ensuing severe traffic safety causes great concern to the public and the academic community.In 2010,the Amendment(VIII)to the Criminal Law of the People's Republic of China took “drunk driving” and “racing” into criminal behavior into the criminal law,and in 2015,the Amendment(IX)to the Criminal Law of the People's Republic of China took “overloading” and “illegal transportation of chemicals” into the criminal regulation,further expanding the scope of the crime of dangerous driving.Although the scholars and the public give more positive evaluation on the criminal punishment on the dangerous driving behavior,with the unceasingly advancement of the judicial practice of the crime of dangerous driving,some problems around the legislation on the crime of dangerous driving become increasingly prominent and even intensified such as “unreasonable legislation”,“sentencing imbalance” and “judicial overburden”,which are often seen in the justice.How to solve the problems which the crime of dangerous driving expose in the judicial practice and maintain the function of the criminal law of combating crime and protecting human rights has become an urgent problem which requires solution in the judicial practice.This thesis focuses on the problems in the judicial practice from the objective investigation on the real cases of the crime of dangerous driving and utilizes empirical statistical analysis method,first respectively investigating the actual situation of the constitution and sentencing punishment of the crime of dangerous driving,concluding their problems with the support of objective data,then making respective analysis and discussion,and finally summarizing problems and proposing the author's opinions and reasonable suggestions.The specific structure of this thesis is as follows:Part One introduces the purpose and significance of investigating the crime of dangerous driving,and concludes that the empirical investigation can improve and enrich the theoretical system of the crime of dangerous driving and can probe into and sole the urgent problems in the crime of dangerous driving which require solution in the current judicial practice,so as to embody the value of this thesis.Part Two introduces the basic method of empirical analysis of this thesis,including sample selection,determination of sample content and specific statistical and judgment method used,which can make the readers understand the thought and analytical approach used by the author and is of great significance to clarify the frame structure of this thesis and embody the objectiveness thereof.Part Three shows the constitution and related elements of sentencing punishment on the crime of dangerous driving in the sample in the form of charts and data listing,so as to objectively and comprehensively show the status quo and characteristics of the crime of dangerous driving in the recognition and punishment.The author makes great efforts on this part which constitutes the key of this thesis,first demonstration and analysis one by one on the basic elements of the constitution of the crime of dangerous driving,and then key statistics on the actual problems encountered in the judicial practice such as “whether all drunk driving shall be convicted”,the circumstances of the sentencing of the crime of dangerous driving and trial process and analysis on influencing factors.Part Four proposes the conclusive reflections on the problems in Part Three and appropriate suggestions from legislation and justice,so as to realize the purpose in Part One.Part Five is the conclusion,summarizing the contents and investigation methods in this thesis.