A Study On The Application Of Criminal Law In The Crime Of Dangerous Driving

As in the transition period of the rapid development of the economics and the social process,one of the significant features is the fast increase of the motor vehicle ownership and the drivers in China.At the same time,serious traffic violations occur frequently,such as drunk-driving or street racing,which has caused great damage on the social and public safety.The public calls for severe punishment and regulation of the traffic violations.For the effective regulation of drunk-driving or street racing,dangerous driving offense has been provided by "Amendment ? to the Criminal Law" which has been put into force on May 1,2011.A person who chases with other automobiles when driving on the road or commits drunk-driving shall be sentenced to criminal detention and be concurrently given a fine,provided that the circumstances are given.While "Amendment ? to the Criminal Law" which has been put into force on November 1,2015,improved the regulation of the dangerous driving offense.Besides of chasing with other automobiles or drunk-driving,engaging in school bus business or passenger transportation with the carried passengers significantly exceeding the allowable number of passengers;driving at a speed seriously exceeding the prescribed speed per hour;transporting hazardouschemicals in violation of the regulations on safety management of hazardous chemicals and thereby endangering public security are all classified as dangerous driving offense.The above amendments have been put into force for six years,while there are still many problems in judicial practice.In order to correct the implementation of the act,this thesis discusses the dangerous driving cases happened in district B of city A in the recent three years.There are three parts of the main body.The first part is the analysis of dangerous driving cases handled by the procuratorate of district B of city A.According to seven aspects of the cases,such as the basic information of the perpetrators,time of the cases,type of motor vehicle,the alcohol concentration of the perpetrators,the degree of accident and personal injury,other episode,and litigation and judgment,we can learn that the characteristics of the perpetrators are sex disparity,low level of education,native citizens which accounts for larger proportion in all dwellers;cases happened mainly at night;the vehicle are small type;the alcohol concentration of the perpetrators is between 100mg/100 ml to200mg/100ml;the degree of accident and personal injury is normal in the dangerous driving cases;the process of litigation and judgment is mostly simple and quick.This part is the basis of statistics for the following analysis.The second part mainly focuses on the definition and specific connotation of“drunk”,“road”,“automobile”,and “drive”.We shall comply with the general applicability of the law to identify what is “drunk” according to standards.To identify “road”,the key point is the publicness of the road.The dispute of“automobile” located on the non-standard electric bicycle drunk-driving behavior.Nowadays the non-standard electric bicycle drunk-drivers are normally lack of the cognition that dangerous driving is breaking the law.Therefore to give the non-standard electric bicycle drunk-drivers criminal sanctions contraries to the principle of condemnation of subjective and objective.“Driving” means the doer takes moving as a purpose subjectively,and the doer runs and controls the automobile objectively.Moreover,according to the standard of the alcohol content injudicial practice and the effectiveness of the test results,the breath alcohol test alone cannot be the key evidence;the blood alcohol content test alone can be the key evidence;presume from circumstantial evidence without the breath alcohol test or the blood alcohol content test cannot be convicted;drinking on site to interfere the alcohol test cannot be convicted.Besides,based on the sample cases,the identification of hit-and-run,scapegoat,designated driving,drunk-driving overnight,and surrender is analyzed and discussed.The third part lays emphasis on the sentence of the dangerous driving followed by the social harmfulness and personal dangerousness.We shall provide basis of the sentence of the dangerous driving from the time of behavior,social damage,and the personal dangerousness of the doer.Furthermore,public opinion,institutional reasons,and key points of law enforcement can affect the fairness of sentence in judicial practice.At last,the thesis puts forward the corresponding applicable conditions of probation,exempt from criminal penalties,and not guilty.