Research Of Criminal Responsibility Of "Direct Responsible Persons" Of Dangerous Driving

Academic research on the question of "direct responsibility" are nearly all in the unit crime directly responsible person in charge and other directly responsible personnel,and mostly concentrated in the 2002 years or so,but in the penal code "had been directly responsible persons" within the scope of the generalized system of related problems of sex research is absence.Especially when the 2015 amendment to the criminal law of the People's Republic of China(9)of dangerous driving sin has added two kinds of risk behaviors and provisions on motor vehicle the owners and managers.Means in the penal code increased about criminal responsibility "had been directly responsible persons" new expression method,become a third type.Issues of the crime of dangerous driving itself is,as it were,a lot of,but no one single research it in the second paragraph.Refer to the entire penal code,contain the terms "direct responsibility" can be divided into three types.This article in has studied on the basis of the first type of more mature,to find the commonness,analyze its differences,emphatically in the third type is dangerous driving sin in the "motor vehicle the owners and managers with the possible issues were discussed.Mainly includes can be regarded as the scope of the directly responsible persons subjective when how the owners and managers of motor vehicles.Related to the issue of the second paragraph of dangerous driving sin itself nature,can contain the owners,managers and the offender of joint crime situation,if contain can produce double fault,the motorvehicle responsible liability according to what is,and so on were discussed.This paper will be divided into four chapters,the first chapter is mainly involved in the penal code "directly responsible persons of criminal responsibility" three kinds of crimes type difference and commonness analysis,from the perspective of semantic interpretation and explanation perspectives of system analysis of dangerous driving sin new provisions "motor vehicle the owners and managers of the direct responsibility for the third and the fourth act mentioned in the preceding paragraph,shall be punished in accordance with the provisions of the preceding paragraph" the connotation of "direct responsibility" for the back of the liability basis and judicial application research groundwork,clear the way.The second chapter mainly studies for dangerous driving crime directly responsible personnel in the classification and subjective aspects.Of those directly responsible shall be carried out in accordance with the different standards,such as school models according to the nature of the vehicle(listed)law is divided into school vehicles,passenger transportation,transportation of dangerous chemicals;Or in accordance with the social reality is divided into units and individuals,on-site and off-site,etc.,thus more conducive to identify areas need to be responsible for direct involvements.About which person subjective aspect,itself controversial,the author agrees with the opinion of the subjective fault drivers.At the same time,from the narrow perspective in the second paragraph,the owners and managers based on motor vehicles supervision negligence being chased,then subjective is fault.So,can guarantee the same terms in the subjective aspect.The third chapter mainly studies under the three different types of criminal responsibility "directly responsible personnel" basis,pass to differentiate and analyze the nature of the dangerous driving sin in the second paragraph,shall be from the narrow sense level analysis of the conclusions.On the premise of admitted that the subjective fault,the supervision negligence theory without obstacles,at the same time denied the use of accomplice theory.Both for on-site or off-site all motor vehicles,the administrator,subjective can maintain consistency of faults,at the same time also won't break the double fault principle of supervision and fault,which is moreappropriate.The fourth chapter is mainly based on practical case study judicial organs "had been directly responsible persons shall be investigated for criminal responsibility",USES the thinking of theory with practice,analysis the "had been directly responsible persons shall be investigated for criminal responsibility" standards,"direct responsibility" to define and use,especially the motor vehicle the owners and managers of the responsibility scope and reflects the characteristics and problems of criminal punishment.Integrated judgment,found that there is a lot of judgment on the cognizance of "direct responsibility" in a situation,only points to "actual vehicle administrator identity" or "identity",head of campus safety and directly come to the conclusion that "direct responsibility",directly responsible shall be investigated according to is not clear.This kind of phenomenon have to alarming.The author thinks that,even if this kind of dangerous driving case doesn't belong to major difficult cases,but also cannot ignore the rule of law society to establish a screw.Especially for this kind of risk society under the "yoke" charges,if the representative for the person who is directly responsible to the passive involved risk society limit risk also seem a bit unjust.