Study On The Crime Of Dangerous Driving

After a long argument of the necessity to increase the charge.on May 1,2011,"Amendment VIII to the Criminal Law " regulated in article 22 that : competitive drive on the road by motor vehicle and achieve the serious circumstances,or drunk driving,sentenced to criminal detention,and a fine concurrently.Since then the crime of dangerous driving began to board the historical stage of criminal law.Dangerous driving behavior was upgraded by general violations as criminal acts.Compared with the traditional criminal law,this legislation shows that the criminal legislation of our country showed the characteristics of crime preparative and dangerous abstraction.The overview section of the dangerous driving crime provides theoretical basis for the legislation rationality.It further defined the range of dangerous driving crime by solving the judicial practice dispute that exist in the dangerous driving crime.Finally putting forward some feasible suggestions to improve the system construction of dangerous driving.The first section of this article is mainly to summarize and comb the theory foundation of dangerous driving crime.Establishing that the crime of dangerous driving is the choice of history and people.The main concept of the crime of dangerous driving shall be in accordance with the relevant administrative regulations.Then we will analysis the nature of the crime of dangerous driving under the background of risk society.The second part of this paper aims to solve the driving crime problems which happen in the judicial practice.Define the relationship between the dangerous driving crime and other crimes,especially the boundary and Coincidence with the traffic accident crime,the crime of endangering public safety.Secondly is the issue of common crime,which is divided into drunken driving class of common crime and the chase driving type of joint crime.At last debate on "whether all Drunken driving behavior should have provisions for the crime".The third part of this paper mainly puts forward some suggestions to perfect the crime of dangerous driving system.First of all,increase the dangerous driving behavior.The dangerous driving crime only contains two kinds of behavior at present.We think it will be necessary to bring drug driving into crime,And propose to use the generalization method to regulate the dangerous driving behaviors,enhancing the ability to adapt to the situation in the future.Secondly,perfect the dangerous driving crime penalty system,including the probation system and dangerous driving crime penalty.Finally,perfect the procedure of dangerous driving crime from the angle of the compulsory measures,the evidence system,and rapidly trial system.