Research On The Legislation Expansion Of Road Traffic Crime In China

The popularization of motor vehicles has greatly facilitated people's travel.It also brings soaring road traffic risks.Criminal law amendment 9 to the criminal law amended the crime of dangerous driving,The forgery,alteration,sale and purchase of driver's license and the use of false driver's license embezzled driver's license will be included in the criminal law.And has set up the employment prohibition system.Established a more stringent criminal law against road traffic crime.But it also caused a lot of controversy.In the course of the development of criminal law,The expansion of legislation is an inevitable trend,However,the modesty of criminal law is also the value concept which both legislation and judicature uphold.Therefore,this article from the "criminal law amendment 9“ of the relevant provisions of the crime involved in road traffic,combined with the theory of risk criminal law on road traffic crime legislation expands the rationality of interpretation,combined with the appropriate criminal law on road traffic crime expansion are analyzed,and the reasonable limit of existing legislation for shrinkage are discussed.In order to make the traffic crime legislation to maximize its value,and to minimize the possible negative impact.This article is divided into the following three parts:The first part is the legislative evolution of the road traffic crime in China.First of all on the road traffic crime concept and the scope of charges were defined;secondly on road traffic crime from the criminal law in 1979 to the "criminal law amendment 9” the legislative development process carried out;finally from the "criminal law amendment 9" of the relevant legislation,expounds the road traffic crime expansion concrete.The second part is to think about the expansion of the legislation of road traffic crime in China.This is the main part of this article.This article holds that the expansion of road traffic crime is necessary,and it is the embodiment of the theory of the risk criminal law in the legislation.First,under the conditions of risk society,the shortcomings of the traditional criminal law,such as the lag of the traditional criminal law,the narrow scope of the legal interest protection and the dysfunction of the imputation,are increasingly revealed.The risk criminal law has advanced the penal punishment in advance,expanded the scope of legal interest protection and functionalized the crime and responsibility,which has made a beneficial supplement to the traditional criminal law under the risk society condition.Secondly,serious road traffic risk existing in our country,and the regulation of the existing administrative regulations and the existing criminal legislation insufficiency,road traffic crime is in line with the expansion of the purpose of criminal law and the social need of legislative measures;finally,the punishment of drunk driving is a successful attempt to provide a useful reference for road traffic crime legislation expansion.But the expansion of road traffic crime should adhere to the moderation.Because of its own drawbacks in the risk criminal law,it is necessary to adhere to the modesty and prevent the wanton expansion of the risk of the criminal law.In addition,this part discusses how to uphold the modesty of road traffic crime,and evaluates the legislative expansion of road traffic crime in sentence nine according to this standard,and negates the current view of criminal legislation for drug driving and blind driving.The author also analyzes the impact of road traffic crime expansion from two aspects of the individual and the society.Finally the road traffic crime legislation should uphold the modesty of criminal law in a reasonable expansion while on the one hand,to avoid unreasonable and excessive expansion,on the other hand,in judicial practice to deal with the existing legislative provisions reasonable limit applicable conclusions.The third part is the rational limit of road traffic crime in China.The part of the "double super type" crime of dangerous driving,violation of safety regulations for transportation of dangerous chemicals transportation crime,forged or altered,the sale of the driving license and driver's license to use false crime,and the prohibition of employment in road traffic crime,it defines the subject,object and behavior of related crimes,and expounds theapplicable conditions of the prohibition of employment and the prohibition of the scope of occupation.In order to clarify the relevant standards for the application of road traffic crime in the judicial application,to prevent the excessive expansion of the scope of the punishment.Finally,the author thinks that the necessary,reasonable and limited legislative expansion of road traffic crime is the need of social governance,but the modesty of criminal law is still the most important value concept in the process of criminal legislation and judicature.Therefore,the road traffic crime legislation that requires appropriate expansion,also need a reasonable limit,to find a reasonable balance between expansion and modesty,the criminal legislation in terms of risk regulation and road traffic crime prevention or the protection of human rights in the value to get the maximum.