On The Crime Of Dangerous Driving

"Criminal law amendments(eight)" in the penalty range of drunken driving behavior and chase driving behavior,thus dangerous driving crime was born.Later,in the "Criminal Law Amendment(Nine)" added two kinds of behavior,but in the course of judicial practice,the behavior of what kind of standards are drunk driving behavior,how to identify the criteria for drunkenness,how to understand the pursuit of competition,What is the difference between driving and drag racing,in the process of chasing the race,how to identify the concept of roads,the above problems in the judicial practice will often encounter,but also often plagued the practical problems.The study of dangerous driving crime in the field of theory is also controversial.The controversy over dangerous driving crime and the controversy of dangerous criminals exist for a long time.The criteria and standard of the dangerous driving behavior are also in the field of research and there is no consensus.In addition,from the legislative point of view of the provisions of the crime,whether in the scope of action or in the sentencing there are imperfections in the judicial application of the crime had a great impact.Therefore,this article explores the difficult problems of the crime in the process of judicial application,hoping to provide a little help to the problem that the crime is difficult,and perfect the legislation of the crime.This paper is divided into four parts.The first part is mainly in the judicial practice,dangerous driving crime the two main acts,that is,drunk driving and chase behavior how to determine the analysis,according to the relevant judicial interpretation and regulations,the specific identification of the crime standards and operations The author points out that the drunk driving should adopt the comprehensive standard of combination of subjective and objective aspects.At the same time,it defines the chase competition,standardizes its scope of application and the criteria of condemnation,and points out that chasing competition Driving not only includes drag racing,but also includes racing.The second part explores the crime form of the crime in depth,analyzes the main viewpoints of the crime or the guilty of the crime in the academic field,and then analyzes the judgment of dangerous driving crime and the judgment of the standard,and then stops the form.The third part of this article is mainly related to dangerous driving crime has a similar offense is the crime of traffic accident and dangerous methods to end the crime of public safety and other charges made a difference,from the subjective and objective aspects of the crime,And distinguish the boundaries of the crime of traffic accident,and then from the objective and criminal forms and dangerous ways to endanger the crime of public safety to distinguish between,and pointed out that the treatment of paternity results is the biggest difference between the two.In the fourth part,through the reflection on the status quo of dangerous driving crime in China and the research on the legislation of foreign countries and other parts of China,it points out that there are incomplete enumeration of behaviors in the legislation regarding dangerous driving crimes.In the judicial aspect,there are problems such as the penalty is single and the rules of sentencing are not fine,and then put forward correspongding suggestions for improvement.