Research On The Crime Of Overload And Overspeed Type Of Dangerous Driving

Overloading and speeding is a very common behavior in violation of road traffic regulations.Because of overloading and speedingbehavior,there are more major accidents in daily life.Then the legislator regular overloading or speeding behavior in the school bus and passenger transport business as a crime.As a whole new type in dangerous driving,there are lots of problems in the theory and application.In this paper,the key problems in the understanding and application of the crime of overloading and overspeed dangerous driving will be studied.This paper is divided into three chapters.The first chapter starts with the whole situation of overload and overspeed dangerous driving crime.Theoretically,this paper probes into the nature of overload and overspeed dangerous driving crime.First of all,in this chapter,the author analyzes the concept of abstract dangerous crime and concrete dangerous crime.Based on the relative concept,the author analyzes the nature of different types of dangerous driving.By analyzing the nature of different types of dangerous driving,the result that different types have different nature will be acquired.Secondly,This paper analyzes the concept of dangerous crime and behavioral crime.Considered overload and overspeed dangerous driving crime as behavioral crime is relatively reasonable.Thirdly,based on the unity of criminal law,the nature of overload and overspeed dangerous driving is same as the nature of dangerous driving.Practically,the author collect some real cases from the referee documents.Through data statistics,the author analyses and discuss some problems in judicial practice,such as the definition of school bus and passenger transport business is not clear.The second chapter mainly discusses the constitutive requirements of overload and overspeed dangerous driving crime.Firstly,this chapter discusses the subjective aspect of the crime of dangerous driving which is hot debated in the academic field.Based on the previous documents,this paper summarizes three theories about the subjective aspect of the crime of dangerous driving,including theory of intentional,negligent and compound offence.Then the author combine the nature of overload and overspeed dangerous driving with the theory of intentional crime in China's criminal law.It concludes that the subjective aspect of overload and overspeed dangerous driving is intentional.Secondly,the discuss of the objective aspect in this chapter answer the question that the definition of the school bus and passenger transport business and how the define the serious overloading and speeding.If the bus business has commercial property,this business can be defined as passenger transport business.Finally,this chapter gives a brief introduction to the criminal subject part.This part mainly focuses on how to investigate the criminal responsibility of the unit crime.The last chapter discusses the judicial application of the crime of overloading and speeding dangerous driving.This chapter mainly discuss the special forms of the overload and overspeed dangerous driving in judicial practice and the relationship between the overload and overspeed dangerous driving and the crime of causing traffic casualties and the crime of endangering public security with the dangerous method.