Study On The Dangerous Driving Crime Of Illegally Transporting Dangerous Chemicals

AS car ownership continues to increase,road safety is becoming increasingly important today.However,the often dangerous driving behavior poses a huge threat to our personal and property safety.Since dangerous driving crime being incorporated in the Criminal code in 2011,the Criminal Law Amendment(IX)issued in 2015 has expanded and improved this crime.It is not difficult to see from the frequent legislate and legislative improvement of this crime that study the theory of dangerous driving crimes and judicial practice has it practical significance.This article will analyze one of the two new dangerous driving practices: the dangerous driving crime of illegally transporting dangerous chemicals.The illegal transportation of dangerous chemicals has high risk and easy to cause serious consequences.The early intervention of Criminal law when this kind of driving behavior has the potential to cause danger is meet the requirement of risk society.Therefore,such dangerous driving behavior has the necessity and legitimacy of its incorporate in the Criminal code.In order to better achieve the purpose of regulating such behaviors,we must first correctly understand the provisions of the relevant laws.This paper starts with the special constitutive element of illegally transporting dangerous chemicals type driving crime,combined with theoretic to determine that this accusation is offender of abstract danger.And subjective aspect of crime is intentional.And then,decriminalize some illegal transportation of dangerous chemicals by analyses the relevant theories of administrative illegality and criminal unlawfulness.The difference and jointer of offense are also one aspect that affects the accurate identification of a crime;this paper analyzes the distinction of illegally transporting dangerous chemicals dangerous driving crime with other crimes that may involve hazardous chemicals because of the transportation of this crime is dangerous chemical.Focusing on the difference and jointer of this crime with traffic accidents,as for the situation in which a traffic accident is established after the perpetrator implements dangerous driving behavior,the following two cases are distinguished: in the first case,the continuous dangerous driving behavior results in a harmful result,at this time,according to the facts of the case to judged that it is an imaginative joiner of offenses or cumulative punishment;in the second case,if the behavior other than dangerous driving causes harmful consequences,then several crimes are combined.To solve the problem of understanding and determining the crime,it is necessary to consider the conviction and sentencing of each specific offender.Firstly,based on the theory of accomplice to analyses the nature of the responsibility of motor vehicle owners and managers as stipulated in the Criminal Law Amendment(IX).Secondly,it analyses the identification and punishment of accomplices in dangerous driving of the type of dangerous chemicals,and further clarifies the accomplice liability.Finally,correct sentencing is the key to judicial justice.Based on the reality of sentencing deviation in practice,this paper analyzes and discusses the standardized sentencing process applicable to the dangerous driving crime of illegally transporting dangerous chemicals.And the applicable conditions for probation and exemption are clarified.