The Study On Crime Of Dangerous Driving Beyond The Speed Limit And With Overload And Hazardous Chemicals

Since the < Criminal Law Amendment(?)> added dangerous driving crime,China's traffic accidents caused by have declined,the effect of this crime has been affirmed.On this basis,the legislator amended the regulations and increased the types of this crime,including the behavior of “engaging in school bus business or passenger transport,beyond the speed limit and with overload,seriously or violating safety regulations of hazardous chemicals and endangered public safety” have been defined as crime of dangerous driving.Although the improvement of this crime has provided the legislative basis for the conviction and sentencing,due to the limitation of the principle of restraining the criminal law,as well as the imperfect,it leads to the confusion of the judicial application,for the purpose of the this crime problems,put forward my own recommendations.The first part begins with the theory of “risk criminal law”,and discusses the theoretical basis of the crime of dangerous driving beyond the speed limit and with overload and hazardous chemicals.Secondly,it points out the necessity of the establishment of this crime from the background of the legislation.The second part mainly analyze the nature of the crime and composition of the controversy.First of all,it points out that the discuss should be based on the way that the crime is differentiated,that is,“beyond the speed limit and with overload” type of dangerous driving offense is an abstract dangerous crime,and “violating regulations of hazardous chemicals” type of dangerous driving crime should be identified as a specific dangerous offense.Secondly,concludes that the subject matter of the crime includes the units and its subjective aspect of the “beyond the speed limit and with overload ” type of dangerous driving crime is intentional and “violate regulations of hazardous chemicals” type of dangerous driving the subjective aspect can only be an indirect intention.The third part mainly introduces the relationship between the crime of “beyond the speed limit and with overload and hazardous chemicals” and the related offense.Its points out that the relationship between this crime the crime of traffic accident and the crime of harm the public in a dangerous way.When the act of the perpetrator satisfies the constituent elements of this crime and as well as the crime of traffic accident or the crime of harm the public in a dangerous way,it should according to the crime of traffic accident or the crime of harm the public in a dangerous way punish the defendant under the principle of imagine competing.The fourth part mainly lists the problems of “beyond the speed limit and with overload and hazardous chemicals” dangerous driving crime in our country and puts forward the corresponding judicial suggestions.it puts forward suggestions on our legislation and judicature,prison,qualification punishment,to meet the requirements of the crime and punishment to adapt;uniform probation of the applicable standards to achieve the balance of sentencing.