Accomplice Research Of Dangerous Driving By The Case Of Yang

the charge was amended twice successively in Chapter 8 and Chapter 9 of Special Provisions of Criminal Law of the People's Republic of China.That modification of the charge has proved to be highly attention of the legislators.Four behaviors are stipulated in Criminal Law in a restrictive way,which can not cover all the types of dangerous driving behaviors.Furthermore,two or more persons jointly commit the crime of dangerous driving,which pose a problem for judicial practice.To solve this problem,this thesis researches the joint crime in the perspective of the constitution of crime,principle of legally prescribed punishment and the theory of joint crime.Beginning with the concept of principal offender,this thesis aims to distinguish the concept of principal offender and the concept of accomplices,explores the nature of accomplices and makes clear all the liability and punishment of every criminal offender in joint crime.This thesis contains four chapters:The first chapter is the general information of the case.Based on a true judicial case,this thesis analyses some issues from the crime of dangerous driving in the situation of joint crime.The second chapter is the legal theory of joint offense.And this chapter can be divided into two sections.The first section is general summary of the theory of joint crime,and this section clear and definite the concept of principal offender,and the concept also is the logical beginning of the analysis of joint crime;This thesis takes the theory of limitation of principal offender and theory of the difference of accomplice,makes clear principal offender and accomplice,tells the principal offender from the accomplice;And the last,this thesis explores the essential forming of joint crime,answers what is "joint",illustrates the identification of accomplice,and makes clear the liability and punishment of accomplice.The second section combines dangerous driving behaviors and the conduct of joint crime,analyses the possibility of dangerous driving behaviors in the situation of joint crime.The third chapter overviews accomplice of dangerous driving in each particular situation.Based on the reality and judicial practice,this chapter researches the situation when drivers and non-drivers commit joint crime,when those people don't.The four chapter concludes the case from the perspective of legal theory and judicial practice.And in the basis of the judicial judgment of this case,this chapter analyses the behaviors of every person in the case and their respectively charge,liability and punishment.