On The Supervision And Management Responsibility Of Dangerous Driving Crime

Although the supervision and management responsibilities have not been clearly stipulated in China's Criminal Law,there have been many related researches in the theoretical circle and the existence of supervision and management faults has been recognized in judicial practice in fact.In the Amendment to Criminal Law(IX),the motor vehicle owner and manager are included into the subject scope of the dangerous driving crime and the theoretical basis includes,but is not limited to the joint crime theory.The newly added “Two Overs(Overcrowding and speeding)and One Violation” dangerous driving behavior has the specificity different from that of other two types of dangerous driving behaviors,so it should be affirmed that the fault constitutes a crime and the motor vehicle owner and manager are involved in the supervision and management responsibilities due to the conviction and punishment of dangerous driving crime.As supervisors,the motor vehicle owner and manager have the rights and obligations to supervise the behavior of the driver;as managers,they have the rights and obligations to manage the motor vehicle and the establishment of related rules and regulations.If supervisors and managers are negligent in performing their supervision and management obligations and thus the driver's dangerous driving behavior occurs,it can be assumed that the motor vehicle owner and manager shall be directly responsible for the driver's dangerous driving behavior.As a dangerous crime,once the dangerous driving crime causes actual harmful consequences,the penalty for dangerous driving crime will not be enough to evaluate the driver's culpability and the crime of the motor vehicle owner and manager may also change.The sentencing criterion for motor vehicle owner and manager is determined by combining the specialty of the subject based on the sentencing criterion for the driver,and the probation shall be used with caution.