Research On The Judicial Application And Legislative Perfection Of The Crime Of "Double Excess" Types Of Dangerous Driving

Based on the significant effect of putting drunk driving into the punishment,and based on the inadequate administrative regulation lead to overloading and over speeding behavior repeated,and the situation of the frequent occurrence of traffic accident,the original criminal law on the crime of dangerous driving has been modified,the overload or over speed behavior were considered into the criminal regulation,on this paper,it is called "double excess" dangerous driving.This paper argues that such a crime not only to a certain extent,followed by the criminalization and penalty legislative trend,but also builds a ladder type of regulation system,from administrative law to criminal offence,or in the criminal regulation internal system.But at the micro level,the so-called complete regulation system has not been formed,a description of this crime is not clear leads to judicial application problems,on the other hand,the convergence of the two laws is not very smooth,aiming at these problems,this paper focus on the problem of judicial application of this crime and the problem of legislative perfection,in order to provide support for the specific application of the crime,to establish a good system of regulation.About the judicial application and confirmation,this paper firstly analysis the constitution of this crime,argues that the crime is intentional,then clear the scope of the "school bus "and the "passenger transport vehicles",it should include not only the school bus accord with standard of safety vehicle,also includes the bus plays a rule in the actual school bus service.The scope of the carriage of passengers should be with characteristic of for-profit business vehicles,including the illegal vehicles engaged in passenger transport.On how to define "serious",this paper argues that the crime"severe" level,should exceed safety distance from the administration regulation,at the same time it should be set not only the severity of certain proportion,should also set specific staff number,and the size of the specific speed,road conditions and other conditions to assist.Then this paper analysis the problems about the criminal pattern,the joint offence and the limitation of prosecution,and this paper distinguish the difference between this crime and the traffic accident crime,makes the judicial application of the "double excess" crime of dangerous driving more smoothly.On this basis,this paper based on the cohesion theory of administrative law and criminal crime,according to the defects of the existing legislation,puts forward the suggestions on the existing legislation:argues that we should first improve the internal system of administrative regulation;secondly,the type of behavior should be linked from the administrative law to the criminal law;furthermore,the convicted of criminal law standard about the overloading,over speeding behavior should be redefined;finally we should set a reasonable penalty ladder from administrative law to criminal law,refine the standard of punishment,then the comprehensive docking of the administrative law to the criminal offense will realize.