Research On The Crime Of Dangerous Driving And Its Legislation Perfection

The establishment of the crime of dangerous driving is of great significance to the maintenance of road traffic safety and people's life and property safety, so that the people's awareness of traffic norms is greatly enhanced. It is another realistic leap in the process of continuous improvement of criminal legislation in China. It highlights the protection function of the criminal law,and realizes the early intervention of the criminal law on the dangerous driving behavior, and coincides with the trend of the pre-protection of the international criminal legislation.The legal provisions of the current dangerous driving crime are too simple. There is a big controversy on the subject, subjectivity and decriminalization of dangerous driving crime and the understanding of"drunk","racing driving","serious circumstances" and "severe overspeed and overload" in the theory and judicial practice circle. The scope of the type of dangerous driving offense is too narrow and it lacks the result of the offense and the result of the aggravated offense, and the legal penalty category is too single.The theory of risk criminal law and abstract perilous afford the theory for making the dangerous driving criminalization. From the legal characteristics of the analysis, the nature of dangerous driving crime should be abstract dangerous crime. In the objective aspect, "racing driving" and "drag racing" is not the same concept, and there is a cross relationship between the two. "Drag driving" is the essence of seeking to stimulate high-speed driving, and the nature of "racing driving" is a dangerous way competitive driving. Drunken standard should be according to objective criteria, because the law should be universal and certainty. Although the drunk drive of dangerous driving crime is no plot restrictions, but still apply the Criminal Law Article 13 of "proviso"provisions. This can reflect the unity of quality and quantity in the condition of the establishment of crime in our country, embody the criminal policy of "tempering justice with mercy" and the modesty spirit of criminal law, and reflect the guiding role of the general principle of criminal law. The identification of "serious speeding" and “serious overload" in the criminal law should be combined with the actual comprehensive, and shoud be attention to the convergence of the standards in the administrative regulations. It is in line with the origin of human nature and the legislative intent that the subjective element of the crime of drunken driving charge will be identified as fault and the existence of faulty guilty in our country is reasonable. In terms of legislation, the "drug driving" should be included in the crime of dangerous driving. Because it has serious social harm, and the existing sanctions laws and regulations appear pale, coupled with the "drug driving" detection technology is becoming more and more perfect, “drug driving" into the criminal imperative. Dangerous driving crime should be added to the case of consequential offense and aggregated consequential offense. Dangerous crime shall be sentenced to fixed-term imprisonment of not more than 1 years and shall also be fined; resulting in minor injuries or the consequences of public or private property suffered greater losses, at 1 year to 3 years imprisonment, and fined; resulting in serious injury to others, or causing significant losses to the public or private property, at 3 years to 10 years imprisonment and fined; causing dath or the plot is particularly bad for more than 10 years imprisonment or life imprisonment, and fined. Supplementary punishments should increase qualifications penalty.