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The Criminal Research Of Dangerous Steering

Posted on:2017-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:W H SunFull Text:PDF
GTID:2346330539985940Subject:Law
Abstract/Summary:PDF Full Text Request
By analyzing the legislative background of dangerous driving crime,it can be concluded that dangerous driving behavior is necessary,urgent and conform to public opinion.Dangerous driving behavior does not violate the nature of the crime requirements,do not violate the criminal law of the modest principle,after the crime has achieved good governance and other aspects of the full description of the dangerous driving behavior into the crime of legislative legitimacy.The main body of the crime of dangerous driving is a general subject,the subjective form of crime can only be a direct intention,the object for the road traffic safety,the objective requirements include the provisions of the four aspects."Drunk driving" standard is a single,clear,there is no "bad circumstances" restrictions,finds "overnight drunk driving" to be subjective and objective unity.The general provisions of the Criminal Law,especially Article 13 "proviso" applies to dangerous driving offenses,"drunk driving" all incriminating a huge impact on the parties,is not conducive to social stability,"drunk driving" all the crime increased judicial costs,penalties and administrative penalties Can effectively converge,so "drunk driving" can apply the "proviso" to sin."Drunk driving" type of dangerous driving offense for probation has a positive meaning,but need to consider a variety of factors.Transporting drugs,serious over-speeding;engaged in transport of goods,seriously exceeding the rated standard cargo,or serious speed exceeding the prescribed speed;illegal transport of nuclear materials,radioactive drugs and dangerous goods such as flammable and explosive,endangering public safety,It is necessary to incriminate the conduct of the crime in order to improve the crime of dangerous driving.At the same time,by increasing the allocation of fixed-term imprisonment,control of criminal punishment and a single fine to the crime of dangerous driving crime to be improved.
Keywords/Search Tags:the legislative background, Justification of the legislation, Constitutive requirements, Controversial issues, The legislation perfect
PDF Full Text Request
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