A Study On Issues Concerning The Crime Of Dangerous Driving

With the formal implementation of the Criminal Law Amendment(Nine)in 2015,the crime of dangerous driving once again into the public's vision has aroused widespread concern.Dangerous driving crime in the "criminal eight" since the crime has made a good social effect,effectively curbed the drunkenness,chasing driving and other serious dangerous driving behavior.However,with the changes in the traffic situation and the emergence of new dangerous driving behavior,in order to solve the new road traffic threat,to make up for the legal loopholes "criminal nine" on the crime of dangerous driving has been amended,the new "two Super-dangerous " these two types of dangerous driving behavior.So far,the crime of dangerous driving a total of four acts:drunk driving,chasing driving,overloading speed,illegal transport hazardous chemicals.Judicial practice for the determination of these four types of behavior often have a certain problem,affecting the implementation of the law.The author analyzes the problems of dangerous driving crime by analyzing the criminal law and the crime constitution of dangerous driving crime,summarizes the problems existing in the implementation of dangerous driving crime,and makes an in-depth study on the determination of dangerous driving crime so as to better guide the judicial application and promote the danger Driving the crime of perfection,to achieve the value of the law.The first part of this article,through the overview of the dangerous driving crime legislation,details the dangerous driving crime of the legislative background and the draft of the development process.Through the analysis of the theory of risk criminal law and the theory of free behavior,from the legislative and theoretical level to explore the dangerous driving behavior into the punishment of the rationality and necessity,from the essence of dangerous driving.In the second part,the author mainly analyzes the four elements of the crime of dangerous driving from the elements of the crime,and then draws the important characteristics of the objective behavior and the subjective crime of the dangerous driving crime,and better grasp the constituent elements of the dangerous driving crime Crime and non-crime,the crime and the crime of the boundaries of the problem.The third part is mainly to combine the dangerous driving crime in the judicial application of the difficulty of analysis,clear the crime of dangerous driving that,drunk driving standards that the "two super-dangerous" conduct a detailed description of the crime through the composition Analysis,a clear definition of the concept of law,so as to better guide the use ofjudicial practice.The last part of the thesis,by combining the research results of the whole thesis,analyzes the problems such as the establishment of the legal driving penalty of dangerous driving crime,the crime of driving into the crime,puts forward their own opinions and opinions on the perfection of dangerous driving crime,so that the dangerous driving crime perfect.Finally,the author hopes that through the study of the crime of dangerous driving,we can grasp the crime type more comprehensively and better safeguard our road traffic safety and protect the vital interests of the people.