The Research Of The Cognizance Of "Drunk Driving" Dangerous Driving Crime And Its Judicial Application

In 2011,the crime of dangerous driving was formally established,this is undoubtedly a strong comeback to the rampant spread of drunk driving behavior.But because of the provisions of the legislation on the crime is too simple,and according to the related problems in the application of the not issued a clear judicial interpretation,the judicial application of the crime that the problem has not been resolved effectively.This paper aims to study on the judicial application,and using empirical analysis and comparative analysis method to assist,in order to put forward feasible suggestions on the judicial.This paper is divided into five chapters.The first chapter is the introduction,mainly analyzes the domestic and foreign research status of "drunk driving" of the crime of dangerous driving,and expounds the research methods and innovation of this article.The second chapter is "the cognizance of drunk driving" related elements of the crime of dangerous driving.With the pen in contrast to the two real drunk driving case lead,expounded on the current regulations and the relevant elements of the theory and practice in the dispute on the determination of elements,and then combined with the case analysis on the "road","driving" and "drunk driving" three controversial to standard elements,finally combed with the integration of theory related theory circles and expounds the author self Your point of view.The third chapter mainly analyzes the boundary between crime and non crime.The crime with the nature of the crime,and analysis of subjective and objective elements constitute relation and difference by combing,also shows how to three crime in the judicial practice.The author believes that if a drunk driving behavior also violated the other two charges,should be based on the imagination of concurrence principle,from a heavy penalty.The fourth chapter mainly analyzes the problems of sentencing this crime in judicial practice.The author will highlight the four typical cases are compared,the result shows that the imbalance between the performance and the reasons for the imbalance of sentencing will finally illustrate the unified legal system in China Cause serious damage.The fifth chapter is the suggestions to perfect the relevant legislation.The author proposed the judicial practice in the common related issue,put forward their views and suggestions to improve the legislation,in order to better apply this crime in judicial practice.