Understanding And Application Of Dangerous Driving Offences

In recent years,with the rapid development of China's automobile industry,China has become a country on the tire,and the total amount of traffic accidents is increased with the growth of motor vehicles year by year.In order to curb traffic accidents increase year after year,regulate national driving according to law,the crime of dangerous driving is added in the criminal law.Since the amendment of criminal law(eight)was implemented in May 2011,the debate on the understanding and application of the crime of dangerous driving has never stopped;the amendment of criminal law(nine)promulgated in November 2015,On the content,the behavior type of dangerous driving crime is further enriched Nevertheless,there are still differences in the understanding and application of the crime of dangerous driving.The criminalization of harm behavior is one of the prominent characteristics of legislation in recent years in China,but its theoretical basis is still worth studying.For the understanding and application of the legal provisions,it is necessary to start from the social background,legislative intent and practical operability.Based on the judicial practice,the author is based on the mature experience of foreign legislation and the theory of criminal behavior.First of all,from the perspective of the legislators,the necessity and scientific research on the crime of dangerous driving behavior,and put forward the theoretical basis of the crime of dangerous driving behavior,the behavior has great harm to society,the reason is difficult to tolerate,the behavior of the crime can guide the people act according to law,and willl not interfere with the freedom of the people,the behavior of crime and criminal law,as well as the purpose of punishment,in addition to punishment,there is no other more appropriate means to control and regulate the behavior.About dangerous driving offence form,I think it should be calculated crime,whether from the view of the objective standard or principle of modesty of the criminal law,it's in line with the characteristics of intentional crime,and in special circumstances direct or indirect intent in two cases of mutual conversion.The "road"and "racing","serious","double super" and other core concepts of interpretation is the important criterion for defining the crime and non crime,it must make strict and reasonable explanation,which has guiding significance for judicial practice.In addition,the boundaries of this crime and related crimes and judicial practice problems of confusion,the limit from the results of harm mental attitude,the degree of risk,driving the four aspects of use process and the specific time,vehicle clearance of this crime and related crimes,were analyzed by specific cases.I hope to make a comprehensive interpretation of the crime from inside to outside,and provide some theoretical basis for the application of judicial practice and academic research.