Reflection And Reconstruction Of The Crime Of Dangerous Driving

With the development of society,it's necessary that motor vehicles have been used in our daily life.It is convenient for us to use them.At the same time,traffic accidents have brought a series of disastrous safety problems such as life health and public property.The traffic accidents have been caused frequently by drunk driving in recent years.Behaviors of dangerous driving have had a considerable impact on society about public property safety.In order to guarantee people's livelihood,the"criminal law amendment(eight)"has been carried out on May 1st,2015.in China.It has been newly added the crime of dangerous driving and drunk driving.Owning to the short legislation time,there has been a strongly controversy.Although the frequency of traffic accidents which are caused by dangerous driving behaviors has been reduced to extend the "criminal law amendment(nine)",many problems have been brought in legislation and judiciary.The article mainly analyze divergences when it was established and current implement investigations abut the crime of dangerous driving.It includes four aspects:criminal penalty,caseload,judicial resources under investigation and the concept of the restraining criminal law.They can't only clearly expound some inadequacies about the crime of dangerous driving,but also safeguard public transport safety.Meanwhile it brings a series of negatives effects which lead to the original intention of establishing the crime of dangerous driving goes far gradually.In the situation of increasingly intensified contradictions,the voice about structural form of crime and its impunity are getting louder and louder.The author thinks that the effect of removing the crime is too large,hence,Preposition of Administrative Penalty is a combination between its reflection and its reconstruction.That can't only give us chances to reform,but also to give criminal regulations Simultaneously,it is a connection between administrative law and criminal law.Therefore,the article composes that administrative punishment treats as the pre-procedure in dangerous driving law which can give administrative punishment then give a lesser punishment that someone is excused from punishment for the first offender.But for the second offender,it would investigate criminal responsibility.Moreover,it would strengthen the criminal law to limit the derivative severe punishment from dangerous driving behaviors.This paper mainly discusses from the following aspects:Chapter one:introduction.This chapter is mainly about the research goal,significance and methods of the article.It will connect this with tax evasion and make definitions for Preposition of Administrative Penalty in this paper.Chapter two:the criminal judicature status since the crime of dangerous driving was established.Firstly,reviewing the controversy on the crime of dangerous driving when it was established.Secondly,cases' data of the crime of dangerous driving demonstrates its judicature status which can bring a high risk for our life and negative effects.At last,analyzing a series of problems that the crime of dangerous driving can bring since it was established.What's more,to lay the foundation for the following exploration.Chapter three:Preposition of Administrative Penalty acts as a rational choice on the crime of dangerous driving.Th ere are three points.First,investigating the legislative cases by collecting the administrative punishment's data.Second,according to the tax evasion of implementation experience in China,giving a rational investigation for accusing the Preposition of Administrative Penalty.Third,integrating the problems about the crime of dangerous driving in China,it is essential for us to do some researches when it comes to its rationality.Chapter four:administrative punishment as legislative ideas and suggestions of pre-procedure on the crime of dangerous driving.It analyzes that dangerous driving behaviors can bring social risk and its two-side.Integrating the legislation model about the crime of the dangerous driving and adding the regulations of Preposition of Administrative Penalty to give the first offender a chance which someone shouldn't be investigated criminal responsibility and have the chance to be self-awareness or reflection.Adjusting some regulations to add the law enforcement and the degree of punishment to detail judicial interpretation.However,they can promote the execution.We must be strict on dangerous driving behaviors to develop the deterrence power of the criminal law.The recidivism is punished severely.We are looking forward that Preposition of Administrative Penalty can be a key way to solve the current problems that the crime of dangerous driving is faced with.