Judicial Determination Of Dangerous Driving Crime

In recent years,the number of motor vehicles in China has soared,and road traffic accidents have become the world’s first victims of the highest mortality rate,and illegal driving is the main cause of frequent traffic accidents.Therefore,it is necessary to carry out criminal law norms for dangerous driving behavior.The development and modification of the new crime has gone through hardships and long processes,but it is more difficult to apply the new law correctly in judicial practice.Since the enactment of the Criminal Law Amendment(8)in 2011,scholars have already studied the crime of drunkenness and chase of dangerous driving,and the newly added dangerous driving behavior of the Criminal Law Amendment(9)In the near future,there are relatively few studies on related issues,and new criminal acts are also prone to the proper application of legal requirements in judicial practice,so further study is needed.Therefore,by analysing the elements of the modified dangerousdriving crime,this article makes conditions of the crime of dangerous driving clear,hoping for helping with the judicial practice to correctly adapt to the law and to make some reference.This paper is divided into five chapters.The first chapter mainly introduces the process of dangerous driving behavior,explains the causes of dangerous driving behavior,and introduces the elements of the crime of dangerous driving.The objective and subjective aspects of dangerous driving crime are more complicated,so they were individually put in Chapter II and Chapter III.The fourth chapter analyses the conditions of the offense of dangerous driving crime,and mainly discusses the application of Article 13 of criminal law in this crime.Chapter 5 is a study of the distinction between dangerous driving offenses and other crimes,mainly with the crime of traffic accident and the danger of harming public safety.