Analysis On The Judicial Practice Of Dangerous Driving Crime

In May 2011,the Criminal Law Amendment VIII added provisions for dangerous driving offences due to the gradual diversification and complexity of dangerous driving behaviors on the roads.In November 2015,the Criminal Law Amendment IX based on the original regulations increased dangerous driving to four.Although dangerous driving has been established as a crime for seven years,due to the theoretical nature of the law,many judicial problems cannot be solved in the judicial applications.This article is based on the problems found in practice by comparing different domestic and foreign laws.The law stipulates that we should find solutions to these problems and suggest ways to improve our legislation.The whole article is divided into four parts:The first part is an overview and introduces the crime of dangerous driving from two aspects:Firstly it introduces the concept of dangerous driving crime from its background,meaning,objective behavior and subjective expression;Secondly it enumerates and analyzes the relevant regulations about dangerous driving in Mainland China,Taiwan,Japan,Germany,the United Kingdom and the United States.In the second part,it mainly lists the problems that often occur in the process of handling dangerous driving cases.It is mainly from a large number of dangerous driving cases handled in practice and from the typical cases published by the Chinese Judgment Document Network,the Ministry of Public Security and the Supreme Law,summarizing and refining the controversial issues in the handling of cases,including theoretical problems and practical problems.Analyzing the specific facts and procedures for the identification of various types of dangerous driving cases.The third part is a proposal to solve the problem of dangerous driving practice.Mainly based on the problems found in the second part,it proposes solutions to the problems,such as the idea of limited driving,drugged driving can get limited punishment but fatigue driving cannot get any punishment.Analysis identifies whether the new energy vehicle belongs to the motor vehicle and what is the pursuit of competitive driving.The fourth part is about the legislative improvement of the dangerous driving crime in China.Based on the whole article,we can find out the inadequacies of our country's legislation.Through the comparative analysis of extraterritorial legislation,we can find out what can learn for reference and so we can combine the actual situation of our country to propose suggestions for improving our country's legislation from two aspects:legislative thinking and legislative content such as increasing the initiative of the legislation,enriching the behaviors of dangerous driving,appropriately increasing the statutory penalty for dangerous driving and refining the criteria for conviction.