Third-party Liability Research On Dangerous Driving Offences

Judicial practice shows that drunk driving into the punishment for drunken driving behavior has played a good social effect,by the whole society unanimously affirmed.In the course of the legislative amendment to the Criminal Law Amendment(Nine),the legislator conducted a draft review on the need to further expand the scope of the crime of dangerous driving.And ultimately to determine the situation will be poor chase driving,drunken driving,engaged in school bus or passenger transport business overrun and violation of chemical safety management provisions of the four types of dangerous chemicals as dangerous driving crime content.However,from the legislative choice to the judicial application,the crime of dangerous driving in the criminal law theory and judicial practice caused controversy,the discussion is quite intense,and by the public attention.This article takes the third party responsibility of dangerous driving as the object of study,and analyzes the problem of accomplice of dangerous driving crime,the problem of supervising the fault of motor vehicle owner or manager and the accomplice of traffic accident crime.The risk of third-party liability for dangerous driving crime,and whether there is an unlawful situation in the case of a dangerous driving offense.,The theory has not yet formed a unified consensus.In view of the above three issues related to the third party liability for dangerous driving crime,this article from different angles of analysis.On the basis of fairness as the basic idea,based on the legal text,the third party accomplice,supervising the fault and the result of aggravating the crime of traffic accident,from the objective and subjective,guilty or innocence in two directions in-depth study.The purpose of the dangerous driving offense is to maintain the safety of road traffic,better protection of citizens,collectives and national property and interests.In the study of the third party liability of dangerous driving crime,it can not be understood only from the literal meaning stipulated in the law.It should explain the connotation of the third party liability of dangerous driving crime,and combine with the legislative intent,criminal law general principle and subordinate rational thinking.