Risk Criminal Law And Dangerous Driving Crimes

In recent years, dangerous driving behavior occurred frequently and caused the badsocial effect. In risk society, in order to effectively control the dangerous drivingbehavior,"criminal law amendment eight" the dangerous driving crime as a newcrime in the criminal law. Dangerous driving into the acts of crime, that the stateprotects the legitimate rights of citizens and maintain public order determination. Inthis paper, based on the current reality, risk to the risk of criminal law under theconcept of driving crime analysis and exposition.This paper is divided into four parts. In the first chapter, firstly introduces the basictheory of risk criminal law. Risk of criminal law is the product of the risk society, it isto protect the legal interests is abstract; scope has expanded, more is the embodimentof act without value theory; focus on the risk of criminal law is about the dangerouscrime, the purpose is to reduce social risk, enhance the sense of security subject. Butin the near future, the traditional criminal law theory is still the dominant theory ofcriminal law, the criminal law is the risk and beneficial supplement to the traditionaltheory of criminal law, will not replace the traditional criminal theory become thedominant theory of criminal law. Then, the author makes a study on the application ofvalue at risk of criminal law theory at home and abroad, found that the risk of thecriminal law in twentieth Century fifty or sixty years in a foreign environment,product liability and safety fields has been widely used, and through eight "criminallaw amendment" in China, is the risk of criminal concept embodied in our country theapplication field of criminal responsibility of product and the area of traffic safety.From the second chapter, this paper started on our driving crime risk analysis.There are two types of dangerous driving crime: the provisions of China's "racing"dangerous driving crime and "drunk driving" dangerous driving crime. The danger ofthis two types of objective behavior of crime of driving for a detailed analysis, andthen the rational thinking on the dangerous driving crime subjective aspects of the dispute, the subjective aspects of the crime of dangerous driving is intentionallyconclusions, the mechanism of the crime of drunk driving, the type of dangerousdriving crime is not you can apply the provisions of article thirteenth of the criminallaw. But the.Through the above on the risk theory of criminal law and the crime of dangerousdriving, the third part of the analysis can be carried out well on the relationshipbetween the two. Prior to this, first of all to the dangerous driving crime to clear thenature of. In the specific risk of dangerous crimes and related crimes and divide theabstract dangerous crime, the author draws "racing" dangerous driving crime is theconcrete dangerous offense,"drunk driving" dangerous driving crime is the abstractdangerous crime, and in the second section of the crime of dangerous drivingconsistent with the risk of criminal law from the legislation and judicial has carried onthe detailed.Based on the crime of dangerous driving criminal law concepts associated with risk,the theory of criminal law application risk of dangerous driving crime in theregulation of defects. Under the limited application of expansion and risk the dangercrime criminal law, the author tends to the dangerous driving crime from three aspects:first, regulation of open funds, expand the scope of application of risk of criminalconcept; two, clear "racing" dangerous driving crime "vile" situation, the limitation ofrisk criminal law; three, the provisions of "drunk driving" temporary inspectionprocedures, applicable to the actual operation of legal norms.