The Analysis Of Dangerous Driving Crimes From The Perspective Of Non-Value Theory

The non-value theory of behavior holds that if the behavior violates the legal normative order,it should make a negative evaluation of the behavior.This means that if an action does not result in an actual result,the criminal law will intervene and regulate the behavior.As a result,the theory of valuelessness holds that the protection of legal interests is the ultimate goal of criminal law.Therefore,only when a certain behavior has the potential to infringe or threaten legal interests,the criminal law should make a negative evaluation of this behavior.There are cognitive differences in the purposes of criminal law,the principle of legally prescribed punishment for crimes,and the constitution of crimes.There are cognitive differences between behavioral non-value theory and result non-value theory.These differences make it possible to analyze the relevant constituent elements of the same crime while standing in different positions.The criteria used are also different.For example,when deciding on the illegality of dangerous driving offences,behavioral anonymism is based on the possibility that the behavior would result in a harmful outcome to legal interests.Judgment is based on the fact that the unvalued theory is based on the fact Harmful results or dangerous conditions are the basis of judgment.This paper analyzes the dangerous driving crimes from the standpoint of result-astonism,and explores the rationality of dangerous driving behaviors from the perspective of the result of non-value theory,and clarifies this crime and traffic accidents through the identification and research of dangerous driving crimes.Crime and the danger of endangering public safety in a dangerous way.At the same time,based on the study of four kinds of dangerous driving crimes,it puts forward recommendations on the legal system of dangerous driving crimes and the improvement of judicial application.The full text is divided into four parts,the main content of which is as follows:The first part is the reflection of dangerous driving behavior.The concepts of non-value theory of behavior and non-value theory of result are put forward,and the development of the context of the two theories is combed to clarify the basic categories of behavioral non-value theory and result non-value theory.He also analyzes the incriminating behavior of dangerous driving with the standpoint of behavioral non-value theory,and then proceeds to reflect on the criminalization of dangerous driving behavior from the standpoint of the result non-value theory.In the second part,based on the results of the theory of valuelessness,the criminal constitution and related concepts of dangerous driving crimes are studied and determined.The issues of "danger","accomplishment",and "accomplice" in dangerous driving crimes are discussed in depth.The third part studies the application of dangerous driving crimes in judicial practice under the result of non-value theory.Firstly,the types of behaviors in dangerous driving crimes are compared horizontally,and in-depth research is conducted on drunken driving behaviors and chase racing behaviors in dangerous driving offences through some cases.Secondly,the dangerous driving offences in the criminal law and the easy competition with them are compared longitudinally.The crime of traffic accidents and the crime of endangering public safety by dangerous methods are defined by the crime of traffic accidents and the crime of endangering public safety in a dangerous way.The comparison of the two offences with dangerous driving offences is made from the perspective of the result of non-value theory.In the fourth part,we improve the criminal law system of dangerous driving crimes under the result of non-value theory.Through the reference to the criminal regulation system for dangerous driving crimes in the German Criminal Code,the author puts forward suggestions for improving the legislative design and judicial application of dangerous driving crimes in China.