| In recent years,the number of cars in our country has been increasing,and the dangerous driving behavior has been increasing gradually,which increasingly endangers the social order and the people’s life and health.The crime of dangerous driving was added as a new crime in the Criminal Law Amendment VIII,and new amendments were made to it in the Criminal Law Amendment IX.However,at the beginning of the establishment of this crime,the academic community has widely debated the emergence of its behavior model.This article holds that the theory and practice of dangerous driving crime and the key points and difficulties lie in the distinction between dangerous driving crime and traffic causing crime,and between dangerous driving crime and the crime of endangering public safety by dangerous methods.At present,there are still many problems in China’s dangerous driving crime legislation,such as the too narrow scope of the provisions,the special preventive purpose and the dislocation of the general preventive purpose,resulting in the legal application of dangerous driving crime and the punishment of a large number of problems exposed.If we want to achieve the perfection of dangerous driving crime and promote the further development of dangerous driving crime judicial practice,we must appropriately expand the dangerous driving crime behavior,perfect the qualification penalty system,and increase the control penalty for dangerous driving.Only in this way can the reasonable regulation of the crime of dangerous driving be realized and the motor vehicle driver be fully warned. |