On The Improvement Of The Crime Of Dangerous Driving In China

The number of people who died in traffic accidents in China ranks first in the world.The proportion of drunk driving,speeding,overloading,speeding and other dangerous driving behaviors in China also shows an increasing trend year by year.Once dangerous driving behaviors occur,the perpetrators will suffer property loss by themselves,and the serious consequences of serious injury and death will be caused by a large number of unspecified people,making countless families trapped in the grief of bereavement.Therefore,dangerous driving behavior is treated as an important safety issue in China.In order to crack down on this kind of illegal behavior severely and effectively,to protect the safety of people's travel,and to protect tens of millions of families from traffic accidents,in 2011,China passed the criminal law amendment(VIII),aiming at the frequent traffic accidents caused by dangerous driving behavior in practice,In the eighth amendment to the criminal law,the crime of dangerous driving was added,which included the pursuit of racing and drunk driving into the scope of criminal law.On this basis,the criminal law amendment(IX)in 2015 also included two specific behaviors of serious overloading and speeding and illegal transportation of dangerous chemicals into the adjustment scope of the crime of dangerous driving.It can be said that the legislative action of adding the crime of dangerous driving not only fills the loopholes of the criminal law system,but also makes the legislative idea of ourcountry enter into the behavior standard from the result standard,and effectively solves the problem of penalty lag,which is an event of great significance in the criminal law history of our country.However,the introduction of the crime of dangerous driving is in response to the needs of the times.The legislation just enumerates and summarizes the specific behaviors of drunk driving,chasing race driving,overloading and speeding,and transporting dangerous chemicals,and gives a brief description of the crime.However,in the judicial practice of criminal investigation,review and prosecution,and trial and judgment stage,there is no clear unified applicable standard for the identification of specific behaviors Quasi,lack of operational basis in practice,bring difficulties to judicial practice.Therefore,the starting point of this article is to study the difficulties and related disputes in the judicial practice from the lack of legislation on dangerous driving.At the beginning of this article,the author analyzes the Constitution and characteristics of the crime of dangerous driving from the perspective of the legislative process and current situation,which paves the way for the discussion of the legislative deficiencies of the crime of dangerous driving.Then,the author analyzes the focus of the dispute,combines the existing legal system of our country and the practice of foreign countries,and uses the laws of Germany and Japan as reference to discuss how to solve the problems The last part is about the legislative suggestions to improve the crime of dangerous driving,including the refinement of the crime standard of dangerous driving,the improvement of the allocation of legal penalty and the further expansion ofthe adjustment scope of the crime,the inclusion of drug driving,fatigue driving and other behaviors into the regulation scope of the crime of dangerous driving,and the full play of the normative and guiding role of criminal law.