| Through the amendment to criminal law(VIII)and the amendment to criminal law(IX),our criminal law on the crime of dangerous driving has been clearly defined and constantly improved.At present,in addition to drunk driving,chase race driving behavior,the offence shall also involve in the business of school bus or passenger transport,carrying passengers in serious excess of the rated capacity or driving at a serious excess of the prescribed speed,and transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals,thereby endangering public safety.The motor vehicle owner or manager who is directly responsible,shall be included in the scope of adjustment of the criminal law.In spite of this,compared with the legislation on the crime of dangerous driving in other countries,there is still a big gap between China and other countries in the regulation of the behavior types,punishment types,punishment intensity and accomplice limits of the crime of dangerous driving.The crime of dangerous driving in our country is mainly based on the four kinds of dangerous driving behaviors that "violate traffic management regulations".From the perspective of incrimination criteria,there are still many points worth discussing.For example,the time,place and type of vehicle driving all affect whether "the plot is bad" grasp.Pathological drunk drivers,though,are not capacity for criminal responsibility,it should not be the reason for him to evade the punishment of drunk driving.If the scope of school bus is limited to the school car in the nine-year compulsory education stage mentioned in relevant laws and regulations,the regulation effect of this crime will be greatly reduced;Illegally operated passenger transport vehicles carrying out overloading and speeding also need to be severely cracked down upon by the law;Public safety concerns the illegal transport of hazardous chemicals can be controlled primarily by the availability of permits or qualifications,rather than by the need to wait until an actual hazard is caused.The accomplice of the crime of dangerous driving may be the person who jointly commits the driving act,or the person who jointly commits the crime between the non-driver and the driver.This requires the analysis of the main responsibility of motor vehicle owners and managers as defined in the amendment to criminal law(IX).Such subjects can not only be the direct responsible subjects of the crime of dangerous driving,but also the accomplices of the two ACTS mentioned in the preceding paragraph.In the four forms of accomplice of dangerous driving,there are usually co-principal offender,aiding offender and abettor.Of course,the crime of dangerous driving and other joint crimes are all based on the subjective intention of the joint crime,so there is also a one-sided accomplice.The establishment of the crime of dangerous driving is an orderly link between the administrative regulations and the crime of causing traffic accidents in the criminal law and the crime of endangering public security by dangerous means;Distinguishing the difference between the main and objective aspects of relevant dangerous driving and a better grasp of how to distinguish conviction can fully reflect the modesty of criminal law.We will better safeguard China’s road traffic safety and protect the vital interests of the people. |
