Research On Several Difficult Problems Of Dangerous Driving Crimes

After the implementation of the amendment to the criminal law(8),China's criminal law criminalized Racing a motor vehicle on a road with execrable circumstances and Driving a motor vehicle on a road while intoxicated.The prologue that regulating the behavior of dangerous driving was opened by means of criminal punishment.In 2015,the criminal law amendment(9)expands the scope of the adjustment of dangerous driving crime.The provision is made for the engaging in the school bus business or passenger transport and carrying passengers by loading much more than the fixed number of passengers,or driving the vehicle by seriously exceeding the prescribed speed,transporting any hazardous chemical in violation of the provisions on the safety administration of hazardous chemicals,which endangers public safety.Therefore,the regulation of dangerousdriving behavior is becoming more and more perfect.However,the law is lagging,with the development of society,the problem of the identification of dangerous driving in judicial practice is also exposed.The author has worked as a traffic policeman for twenty years at the grassroots unit.Now the author combines his own work experience to make an in-depth analysis of China's criminal law,puts forward some suggestions for the shortcoming of legislation,and hopes to grasp the application of dangerous driving in judicial practice better.This paper consists of five parts.The first part is a summary of crime of dangerous driving.From the present legislation of crime of dangerous driving,this paper makes an in-depth analysis of the crime of dangerous driving constitution and characteristics,and discusses the problems of the dangerous driving crime's identification.The second part is the present foreign situation of dangerous driving crime.We can draw lessons from the United States,Germany,Japan,compare with the regulation of our law,complement each other.The third part is the problems of dangerous driving crime's identification.Based on the author's own work experience,the reason and the manifestation of these problems are analyzed.The fourth part is about the legislative suggestions to perfect the crime of dangerous driving,including further expanding the scope of dangerous driving crime,clarifying the procedure,aggravating the legal punishment of dangerous driving crime.The fifth part is the conclusion.