A Qualitative Study On The Fatal Behavior Of Driving A Motor Vehicle To Catch Others And Leads To Death

In the "car age",as a variety of motor-related crimes increase,some free from two crimes or more sin between the "atypical" behavior is also endless,driving motor vehicles to catch up with others and cause others to death is the one.The reason why it is called atypical because such behavior is manifested in the form of driving motor vehicles to catch up with others and cause death,but the actual composition of the specific elements of the composition is different,there is no uniform elements of the elements to make a unified Classified as a charge.There are dangerous driving offenses related to such acts,dangerous crimes against public safety,traffic accident,intentional homicide and so on.Although the distinction between these counts has some theoretical definition,but are relatively simple general,coupled with the atypical nature of such acts,the judicial interpretation of the lack of detailed provisions for such cases,resulting in qualitative behavior for such acts Many differences,in different jurisdictions may come to different conclusions,which is not only detrimental to the case of fair rulings,but also a waste of judicial resources to reduce the credibility of the judiciary.In view of this,this paper based on the judicial practice,taking Huang case as an example,starting from the application of legal norms,combined with the basic theory of criminal law and sub-rule,through the dangerous driving crime,dangerous way to end the crime of public safety,Deliberate homicide to distinguish between the definition,while driving motor vehicles to catch up with others to death of such acts of crime presumption of the conclusion of the conclusion,in order to this article can be described in practice the behavior of such qualitative guidance.Full text about twenty thousand three thousand words,in addition to the introduction and conclusion,the main body is divided into the following four parts:The first part is the case brief,from the case of the case that Hwang deliberately murder case and the case of the basic case of the case as a starting point,through the introduction of judicial practice in this case the behavior of the different views arising from the differences are: First,the composition of traffic And the second is the act constitutes a dangerous driving crime and traffic accident,should be the crime of the crime,the third constitutes a dangerous way to endanger the crime of public safety,four acts constitute intentional homicide,while analyzing the reasons for holding different views,and then The core of the dispute in this case is the focus of driving motor vehicles to catch up with others and how to kill the behavior of qualitative.The second part is a jurisprudential analysis of the controversial issues involved in the different views in this case.The article deals with the dangerous driving offense,the dangerous way to harm the public safety crime,the crime of traffic accident and intentional homicide between the case and the relevant aspects of the case Conducted a comparative analysis of the two crossings,and at the same time analyzed how the presumption of subjective crime between the distinctions was crucial.The third part is based on the above comparative analysis of different charges and presumption of subjective crime,through the combination of theory and the case of the case of Hwang driving van to catch up with Kwak and cause death does not constitute a traffic accident,nor constitute dangerous driving Crime and traffic accident crimes,not more dangerous way to endanger the crime of public safety,but constitute a crime of intentional homicide.The fourth part is through the Hwang intentional homicide case inspiration,a definition and driving motor vehicle to catch up with others to cause death related to the elements need to consider the elements,including the object of behavior violations,the objective and subjective aspects,Urgently improve the relevant legal norms.