The Research On The Early Intervention Of Criminal Law About Traffic Crime

An important manifestation of the early involvement of criminal law is the criminalization of abstract dangerous behaviors.In order to protect the safety of social public interests in transportation and prevent crimes,legislators decide to criminalize abstract dangerous behaviors when actual damage offense and potential damage offense failed to protect legal interest effectively.Criminal legislation reforms of traffic crimes in various countries around the world tend to use abstract dangerous models to punish traffic violations.At the same time,they also expand the scope of convictions and tighten the criminal law network.Compared with a mature criminalization trend in developed countries,China's criminal legislation has just started.With the advent of the automobile society,drunk driving and other dangerous behaviors have increased dramatically.In order to reduce the risk of traffic accidents,strengthen the protection of people's livelihood,legislators added the crime of dangerous driving through criminal law amendments.This early legislative trend of world traffic crime legislation.Dangerous driving has shown its unique value in maintaining public transportation safety in the past decade.Therefore,the early involvement of criminal law in traffic crimes has reason to continue.The necessity reflects in the following three aspects: First,based on the need for protecting social legal interests,the traditional method of punishing actual offenders can not protect legal interests timely and rapidly.Traffic accident crime,a negligent crime,usually manifests its punishment function after a serious traffic accident occurs.At the same time,the protection of legal interests is also the value of criminal legislation pursuit;Second,strengthen the public norms Awareness,the original method of punishing traffic violations by administrative law still has disadvantages of insufficient protection of legal interests.It is difficult for people to respect and abide by the long-term awesomeness of administrative regulations;Third,the fairness and oeder of judicial procedures can effectively protect human rights.The lake of supervision and restrictions on the way to deal with traffic violations by administrative detention and other measures is not conducive to human rights protection.Feasibility is reflected in the following three aspects: First,the criminal legislation of traffic crimes has legitimacy and has been generally accepted by the public through practical tests;Secondly,based on the proviso theory,the scope of criminal punishment for abstract dangerous offenders should be reasonably adjusted,which can bring out its function of decriminalizationin the field of traffic crime;Third,simplified criminal procedures can save judicial resources,this model can increase the speed of processing traffic lawsuits brought by the early intervention of criminal law.There are many ways to realize the early involvement of traffic crime criminal law.The first way is to expand the existing types of dangerous driving behaviors,such as drug driving,freight double exceeding,fatigue driving and so on.All of them have the possibility of conviction,at the same time,the maximum legal penalty for dangerous driving crimes should be appropriately increased to connect with other traffic crimes which is also necessary to enrich the types of punishment.For example,increasing single penalty,strengthening public surveillance and qualifications punishment related to traffic safety to complete existing dangerous driving crimes.The second way is to punish the traffic crime of destruction in advance.For example,the current regulations on the behavior of destroying vehicles and traffic facilities are relatively backward.At present,these two kinds of crimes only punish the situations that have not yet resulted in serious consequences and cause serious consequences.If the legislative model of abstract dangerous offenders is added,criminal penalties will be further advanced and the protection of public transportation safety will be more comprehensive.The third way is to add the crime of disrupting safe driving.It is necessary to add this crime due to actual needs and inability to punish by administrative regulations.When setting specific counts of crimes that disrupting safe driving,the standards for disrupting safe driving should also be clearly defined.This kind of criminal behavior cannot be confused with ordinary law-breaking acts,at the same time,it is also necessary to pay attention to the quantitative factors of this crime and the judicial applicability of impair safe driving.