Analysis Of The Problem Of "crisis Nine" Type Dangerous Driving Crime

In recent years,the school bus accidents,passenger traffic accidents and dangerous chemical transportation accidents increasingly cause social attention.In the process of modifying the criminal law,lawmakers show a crackdown on attitude,aimed to expand the circle of criminal offense of dangerous driving,and control risk in advance.As a kind of dangerous driving crime in China,"Crime Nine" type of dangerous driving crime added in "the Criminal Law Amendment(9)" is China's new type of dangerous driving crime.The identification for the problems which are included needs judge's argument skill and ability of criminal law interpretation,and needs scholars to explore the meaning of law terms more to reveal its ought to judge.This graduation thesis consists of six parts in the structure.In the introduction part,the author introduces the research status of thesis's topic,the significance of topic selection,research methods and thesis's innovation points.This first chapter is the overview of "crime nine" type of dangerous driving crime.To explore the "crime nine" type of dangerous driving crime's identification problems,it is necessary to introduce the legislation history of the dangerous driving crime and crime constitution.It helps the readers to have a clear grasp of the subjective and objective elements of this crime and the value of inquiry.In response to social concerns,"the Criminal Law Amendment(9)" uses a enumerated approach to increase the new type of dangerous driving crime on the basis of the "crime eight" type of dangerous driving crime,that is"crime nine" type of dangerous driving crime.The second chapter explores the identification problem of "school bus" in the "crime nine" type of dangerous driving crime.The author believes that the primary school bus and junior high school bus in the event of serious overload or serious speeding situation,is certainly the"school bus" of the "criminal nine" type of dangerous driving crime;that the kindergarten school bus and high school bus in the event of serious overload or serious speeding situation,should be the "school bus" of the"crime nine" type of dangerous driving crime;that the school bus for the transfer of higher education students in the event of serious overload or serious speeding situation,also should be the "school bus" of the "crime nine" type of dangerous driving crime.This is the regulation of our country's constitution in the criminal law that is bound to reflect;that"black school bus" should be the "school bus" of the "crime nine" type of dangerous driving crime,because it does not exceed the national prediction of the possibility;that" empty school bus " should not belong to the "school bus" of the "criminal nine" type of dangerous driving crime,because it does not meet the "Criminal Law Amendment(9)" legislative purposes.The third chapter explores the identification problem of" passenger transport" in the "crime nine" type of dangerous driving crime"scheduled bus transportation"," chartered bus transportation","touring bus transportation" are several common types of transport in real life."Black car transportation" in the event of serious overload or serious speeding situation,also should be the" passenger transport" in the "crime nine" type of dangerous driving crime,because it does not exceed the national prediction of the possibility;" Bus transportation"is generally not possible serious speeding.Even in the event of serious overload,it should not belong to the " passenger transport " in the "crime nine" type of dangerous driving crime,because it is based on considerations of the criminal policy of" tempering justice with mercy".The fourth chapter explores the other identification problems in the"crime nine" type of dangerous driving crime."Serious overload or overspeed","illegal transportation of dangerous chemicals","shall be punished in accordance with the provisions of the preceding paragraph"involve the intersection of administrative law and criminal law.They are several important questions need to be solved when we apply the law."Crime nine" type of dangerous driving crime exists many problems in the judicial practice,which include law semantic fuzziness,the standard of a crime and sentencing is not clear,using administrative punishment instead of criminal punishment,etc.This article hopes to provide beneficial reference for the academic field and practice field by inquiry learning.