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The Legislation On The Crime Of Dangerous Driving Is Improved

Posted on:2020-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:R X LiFull Text:PDF
GTID:2436330572474288Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Since the crime of dangerous driving was convicted,the voice of questioning the crime of dangerous driving has been constantly increasing,which requires us to re-examine the legislative intent of the crime of dangerous driving.At the same time,in recent years,dangerous driving behavior emerges in endlessly,which has a great impact on people's lives,property safety and traffic order.The perfection of the legislation of dangerous driving crime has become an important issue in front of us.This article tries to improve the legislation of dangerous driving crime and strengthen the regulation of dangerous driving behavior by analyzing and studying the relevant legal issues in the legislation and judicial practice of dangerous driving crime.This paper mainly studies the legislative perfection of dangerous driving crime.This paper makes an empirical analysis of the legislation and judicial cognizance of dangerous driving crime,combs the legislative status of dangerous driving crime,the judicial cognizance of dangerous driving behavior,and the distinction between dangerous driving crime and other crimes.On the basis of the analysis of the current situation,it evaluates the dispute about the existence or abolition of dangerous driving crime,explains the doubts about the conviction of dangerous driving crime one by one,and advances the legislative intention of dangerous driving crime.This paper makes an analysis and makes an extraterritorial legislative investigation on the crime of dangerous driving,demonstrates the necessity of legislation on the crime of dangerous driving from four aspects: the domestic legislative background,the international legislative trend,the need for the development and perfection of criminal law and the necessity of the development of socialist legal system with Chinese characteristics;analyses the legislative defects of the crime of dangerous driving in China,and puts forward some suggestions for the improvement of legislation,and combs the existence of the crime of dangerous driving in China.Legislative defects such as incomplete behavior type,unclear conviction criteria,unreasonable penalty allocation and difficulty in obtaining evidence for dangerous driving behavior are put forward.Suggestions are put forward to improve legislation for dangerous driving crime,including expanding behavior type,defining conviction criteria,rationally allocating penalty system and standardizing the fixing and use of evidence.
Keywords/Search Tags:Dangerous Driving Crime, Preservation or Abolition, Constituent Elements, Legislative Improvement
PDF Full Text Request
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