The Investigation And Reflection On The Application Of Law Of The Crime Of Dangerous Driving

Five years ago,the "criminal law amendment(eight)" the crime of dangerous driving into criminal law,criminal regulation of such behavior,not only for the frequent "drunk" and "racing" behavior often lead to vicious traffic accidents made by the national penalty reaction,is also based on the automobile era,all kinds of dangerous driving behavior itself is a a threat to public security traffic phenomenon,the urgent need of the early intervention of criminal law.However,for the crime of dangerous driving into criminal law is hasty,arguing,and after the two revision,the contents of the provisions of the crime is still vague understanding of the connotation and elements of that there are many disputes and confusion,especially the judicial practice in the specific application of the law,encountered a lot of problems.The reason is that the crime of qualitative,drunk driving standards and other issues still exist differences in understanding,need to study and sort out.This article is under the background of the crime of dangerous driving is discussed based on the basic theory,through the analysis of dangerous driving crime,combined with data resources,study the dangerous driving crime in the judicial practice in the outstanding problems,problems and present characteristics of the crime of dangerous driving in dispute,and then explore the origin of Judicial Dilemma produced based on theory,and put forward their own views.The content of this text includes three chapters,the first chapter is based on the basic theory of the crime of dangerous driving,expounds the legal basis for the crime of dangerous driving,the basic properties of dangerous driving crime in the criminal law theory is a dangerous crime,dangerous crime in criminal law and actual offense concept is relative,there is no objective behavior in no occurrence of harmful results,no legal interests are violated,should be punished according to the punishment is dangerous".Through the study of the basic attributes of the crime,the paper focuses on the analysis of the subjective and objective aspects of the crime of dangerous driving and the analysis of the relevant charges.On this basis,the second chapter analyzes the existing situation and the judicial process of this crime in the applicable dilemma,investigation of dangerous driving crime penalty since the achievements obtained through comparative analysis of the crime of dangerous driving in the past five years for the situation,including the basic characteristics of these years to apply the law of dangerous driving crime.From the data that the present stage of the crime of dangerous driving in China although the effect is very good,but there are also shortcomings.For example,the existence of the crime of dangerous driving on the existence of differences in regional distribution,sentencing and other characteristics.The investigation of the present situation provides the premise for the study of the Judicial Dilemma,and concludes that the crime of the crime of dangerous driving still exists in the legal application of the criminal law.The third chapter is based on the contents of the previous research on the legal application of dangerous driving crime,and puts forward countermeasures.In this paper,the author thinks that the crime of dangerous driving should be improved through the rational allocation of legal punishment,the sound normalization of law enforcement mechanism and the standard of sentencing standards.