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Research On Dangerous Driving Crime In The Abstract Dangerous Field Of View

Posted on:2019-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:L X ShiFull Text:PDF
GTID:2416330566979032Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The first part of this article briefly introduces the legislative activities of the abstract dangerous offenders in our country.Taking drunk driving as an example,this paper probes into the risk itself in the abstract dangerous offenders’ legislative activities,as well as the risk of the consciousness,that is,the influence of the public opinion,and also absorbs the experience of controlling the wine driving in our country,but there are still many problems.The second part of this article is about whether the drunk driving is all into punishment.The judicial interpretation has clear that the blood alcohol content reaches 80mg/100 ml,which constitutes drunkenness,but there is still a huge controversy about whether drunk driving is a crime.Proponents believe that abstract danger should not be any substantive review.Once a behavior satisfies a formal requirement,it should be identified as a crime.However,it should be realized that under the current standards of drunkenness in China,drunken driving does not cause general or type risk,and its harm is even less than a lot of administrative offenses that have not been prescribed as a crime.And there are many views on how to choose the way to limit the drunken driving limit.I think there is a shortage of proviso and remark.It is a reasonable way to examine whether there is an abstract danger in a specific case.The third part of this paper,through the analysis of the bad plot,concludes that the crime of driving dangerous driving is an abstract dangerous crime,not a specific dangerous crime,but the crime has appeared in the judicial practice of symbolization and real harm.This crime is rarely applied in the judicial practice,and in the judgement of the conviction,most of the crimes have had the real consequences,which are not consistent with the location of the abstract dangerous criminals.On the one hand,there are disputes about the specific understanding of "chasing racing" and "bad plot".The pursuit of Race Driving does not take the speed and speed of multiple people as the premise,and the degree of the circumstances is to avoid the improper expansion of the crime circle.At present,the way of law enforcement is backward and can not be found and investigated in time.We should improve the way of law enforcement.The fourth part of the article revolves around the double super dangerous driving crime,which protects the legal benefit of the personal safety of the non specific personnel in the vehicle,so there is not a specific majority of the occupants in the vehicle to constitute the premise of the crime;for the consideration of the public interest,the rated passenger of the bus is more relaxed than the other vehicles.But the bus still has the space to constitute the crime of double super dangerous driving.In the identification of severe overspeed and overspeed,substantive review is also essential.We should take a comprehensive consideration according to vehicle condition and driving road.
Keywords/Search Tags:Dangerous driving crime, Abstract danger criminal, Judicial identification, Substantive review
PDF Full Text Request
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