The Research On Conviction Of Value Judgment And Incrimination Of Dangerous Driving Behavior

Since the "criminal law amendment(eight)" add “dangerous driving behavior crime”,"criminal law amendment(nine)based on this,makes the behavior of school bus transportation and passenger transportation overloading,as well as the behavior of the illegal transportation of dangerous chemicals were regulated in dangerous driving behavior crime,which lead to the question of what the scope of the specific dangerous driving behavior type is,especially the question of whether drunk driving behavior should be a crime.According to big data published by Chinese Judicial Institution,99% of cases involving drunk driving,1% of the cases for chasing race driving or speeding,overloading,and so on.Owing to the lack of unity of standard of dangerous driving behavior conviction,academics and the judiciary of dangerous driving conviction are in dispute.This not only affect the judicial credibility,but also negatively influence the preventing function of criminal law due to a lack of certainty.On this basis,this article attempts to beginning with the dispute of conviction of dangerous driving behavior,analyzing the legal basis,judicial value judgment,specific category behavior and improvement of the dangerous driving behavior crime in order to beneficial to theoretical research and judicial practice of dangerous driving behavior crime.The first part of this article aims at starting with the basis of conviction of dangerous driving behavior crime and analyzing the situation of theoretical and judicial application to point out the key point of conviction of dangerous driving behavior crime,and the reason why judicial practice and theoretical views vary from one or another.The second part mainly discusses the provision of criminal article 13 and value judgment.From the aim of provision of article 13 of the criminal law,dangerous driving behavior crime should be applied with the value judgement.So it is necessary to clarify the content,condition and restrict of value judgment.In this paper,the third part highlights the dangerous driving behavior crime in the process of judicial application need to have value judgment.The function of value judgement mainly lie in affecting the plot of dangerous driving behavior conviction and the measure of legal interests.When it comes into dangerous driving behavior crime,it should clarify from the objective and subjective value,which specifies the conditions required for dangerous driving behavior conviction including legal interests of public security,objectively dangerous driving behavior,reckless and intent of subjective fault.The fourth part introduces the judicial application of different dangerous driving behavior.Expounding the quality and extent of chasing race drive behavior,drunk driving behavior,the overloading in passenger and school bus transportation and illegal transportation of dangerous chemicals.In this paper,the fifth part makes a discussion on the dangerous driving crime legislation perfect point.It should be discreet when take dangerous driving behavior into the scope of the crime.For poison driving behavior,due to a lack of feasibility in the existing technology it should not be into scope of crime.For driving without a license and driving the end-of-life vehicles,when its social harmfulness reaches a certain degree and meets the necessity of incrimination,it can be included into this article.