On The Judicial Practice And Perfection Of Dangerous Driving Crime Under The Background Of Risk Criminal Law

With the development of society and the progress of science and technology,people have different choices for travel.Cars have gradually become people's daily tools for going to work and traveling,and they are convenient and fast.However,while people fully enjoy the convenience brought by automobiles,dangerous driving behaviors such as drunk driving,unlicensed driving and speeding driving that endanger public safety have brought a series of social problems,especially the vicious traffic accidents caused by drunk driving.Is threatening the public security,there is a great social hidden danger.Such problems have also attracted the attention of all sectors of society,especially government departments,and have attracted extensive attention from the theory and judicial practice of criminal law.In view of this,the thesis focuses on the study of the judicial practice of the dangerous driving crime of drunk driving.First of all,the thesis expounds and analyzes the provisions on dangerous driving behavior from the aspects of criminal law and other relevant laws and regulations in China,and on this basis,This paper discusses some shortcomings and defects in the criminalization principle,sentencing standard,conviction and instigator of dangerous driving crime.Secondly,taking Ningbo City as a case study,the paper investigated the implementation effect of dangerous driving crime in the area by means of questionnaire survey and interview.In addition,the paper analyzes the problems of judicial sentence,criminal punishment and administrative punishment in the course of judicial practice of dangerous driving crime.Third,the thesis expounds and studies the legal provisions on dangerous driving behavior in the United States and the United States,and draws on the experience of the outside world.The legislation of the crime of dangerous driving should be improved from three aspects: defining the crime Constitution,resolving the dispute and standardizing the legal punishment.And from expanding the scope of application of the law,improving the traffic safety crime system,distinguishing the relationship between the crime and related crimes,and establishing the link mechanism between criminal punishment and administrative punishment,the legal application of dangerous driving crime is optimized and improved.Finally,the thesis makes a summary based on the comprehensive summary of the research contents.This article holds that the identification and adjudication of dangerous driving criminal acts such as drunk driving must not only be clearly stipulated in the law,but also be severely punished and strictly restricted by law.At the same time,we also need to scientifically and comprehensively formulate judicial sentencing standards for dangerous driving crimes.