Research On Several Problems Of Dangerous Driving Crime

Before the introduction of dangerous driving crime,in China's judicial practice,drunken driving,racing driving and other acts mostly refer to the crime of causing traffic accidents and endangering public safety by dangerous means,if not harmful to the results of administrative penalties as a means of punishment.However,dangerous driving behavior often does not conform to the charges and penalties prescribed.It is easy to produce different sentences in the same case,and can not effectively deter society.On May 1,2011,the Criminal Law Amendment(8)formally implemented,will be drunk driving,racing driving behavior as a dangerous driving crime,to investigate the criminal responsibility of drivers,but the law adopts enumerated settings,no bottom clause.After the implementation of the dangerous driving crime,with the diversification of practice,there has been a heated debate in academic circles.On June 23,2016,the Supreme People's Court issued ten typical cases of drug-related crimes,in which the People's Court of Shanghai Hongkou District decided that drug driving constituted a crime of endangering public safety by dangerous means.But from the point of view of the compatibility between crime and criminal law,it is obviously too heavy that drug driving is considered as having the death penalty to endanger public safety by dangerous means.The author thinks that the crime of dangerous driving is more suitable for evaluating the behavior of drug driving,but because of the legislative defects,technical obstacles and intervention procedural obstacles,drug driving has not been listed in it.In the situation of high incidence of dangerous driving crime,our country often adopts a one-size-fits-all model when dealing with drunk driving cases.Law enforcement departments only pay attention to sampling blood alcohol concentration,which constitutes the crime;at the same time,in order to simplify the handling process,the trial results also rely too much on administrative standards,lack of independence,so the judicial practice is lack of clarity.Delineate the boundaries between administrative penalties and criminal law.At present,the judicial practice of our country has gradually improved the judgment of drunken driving behavior.There aresome cases of drunk driving which should not be considered as crimes,but some disputed cases are still defined on the edge of crime and non-crime.Based on the research of the crime of dangerous driving,this paper establishes the criterion of judging dangerous driving behavior in criminal law on the basis of identifying dangerous driving behavior as abstract dangerous crime.From analyzing the prominent problems of the present situation to how to solve them,we should consider the operability in judicial practice,and combine the experience of Hong Kong and foreign countries to find a balance between protecting public security and protecting the legitimate rights and interests of the perpetrators.As a frontier legal worker,the author studies the crime of dangerous driving from the perspective of practitioners from the legislative purpose,penalty and practice of public prosecution law.