Discussion On Adding The Negligent Dangerous Crime In The Crime Of Dangerous Driving

In recent years,with the development of the modern scientific and technological society,our country Automobile Holdings rising,major traffic accidents occur frequently,especially of drunk driving and chase race driving and other dangerous driving behavior lead to major accidents,continue to challenge national moral bottom line,causing the enthusiastic attention of society and the public to dangerous driving behavior.Since <criminal law amendment(eight)>,dangerous driving behavior goes into the view of criminal law evaluation,< criminal law amendment(nine)> will further expand the scope of the crime of dangerous driving.but from a practical point of view,Pure punishment of intentional crime is not enough to curb the dangerous driving behavior of such a serious threat to public safety,we need to increase negligent dangerous crime,So that the criminal law will be in advance to intervene before the consequences of harm,to safeguard public security.Although the theoretical circle dispute for the risk of negligence,but the addition of involuntary dangerous crime in the crime of dangerous driving has its own necessity and feasibility.On the one hand,the addition of the negligent dangerous crime can improve the form of the crime of dangerous driving and coordinate the relationship between the coordination and other charges,On the other hand,the addition of the negligent dangerous crime adapts to the need of the development of the times,draw lessons from Germany,Japan and other developed countries of the legislative experience.It has important practical significance for our country to improve the legislation of the crime of dangerous driving as soon as possible,so as to build a more perfect system of criminal law theory.The full text is divided into six parts.The first part mainly introduces the legislation of dangerous driving crime,as well as the shortcomings of legislative aspect,and a brief introduction to the negligent dangerous crime,for the discussion below to pave the way.The second part mainly discusses the necessity of adding the negligent dangerous crime,and explain the necessity of adding the involuntary dangerous crime in the crime of dangerous driving from their own defects and fuzzy of the crime of dangerous driving.The third part mainly studies the feasibility of adding the negligent dangerous crime on the basis of thinking about the relevant theoretical disputes about the risk of negligence and drawing lessons from the relevant provisions of the criminal law of Germany,Japan.The fourth part put forward the corresponding legislative proposals,from the perspective of constituent elements,statutory penalty,the restriction of negligent crime.The fifth part summarizes the full text,points out the important significance of additional negligent dangerous crime in the crime of dangerous driving,and improves the relevant provisions of the crime of dangerous driving,and enriches the theory of criminal law in our country.