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On The Legislative Defect And Perfection Of The Crime Of Dangerous Driving

Posted on:2019-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:X P HuangFull Text:PDF
GTID:2416330623450143Subject:Law
Abstract/Summary:PDF Full Text Request
Since the promulgation and implementation of the dangerous driving crime in China,it has effectively reduced traffic accidents caused by dangerous driving behaviors,and also raised people's awareness of traffic safety,stifling traffic accidents in the bud.However,there are still several major flaws in the judicial practice of this crime.First of all,the crime only regulates four dangerous driving behaviors,but the blind driving and drug driving behaviors that are more serious than these four behaviors have not been properly punished,and it is difficult to prevent the dangerous driving crimes from taking social risks;secondly,dangerous driving crimes are only regulated for dangerous driving behaviors,but the serious harm caused by dangerous driving behaviors is handled separately,which often leads to difficulties in judging crimes in judicial practice;finally,in legal In terms of punishment,only criminal detention and fines are imposed.When the penalty is lighter,the statutory penalty range is too singular.Such illegal costs are too low to play a role in deterring crimes.In view of the main defects of the dangerous driving crime in China,this paper proposes to expand the scope of the types of behaviors of dangerous driving,raise the standard of punishment,increase the types of statutory punishment,increase the number of criminals,and other relevant legislative improvement suggestions.Legislation provides the basis and factual basis,in order to more effectively restrain the hidden dangers of road traffic safety in China,and raise people's awareness of the dangers of dangerous driving behavior,thereby further reducing the incidence of road traffic accidents in China.
Keywords/Search Tags:Crime of dangerous driving, Legislative perfection, Scope of action, Statutory punishment, Consequential offence
PDF Full Text Request
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