Research On The Legislation Of Dangerous Driving Crime

Since the 20 th century,due to the rapid development of social economy,the number of cars in China has continued to increase.Under this background,the incidence of traffic accidents has also increased significantly,posing a threat to public safety.Traffic accidents occurring in normal driving behavior can be attributed to the driver’s fault or objective environmental reasons.However,the dangerous driving behavior,which is malicious to the road traffic safety,should be firmly zero tolerance in the legislation.In 2008 and 2009,a number of drunk driving and drag racing accidents caused multiple casualties have successively promoted the criminal legislation of dangerous driving behavior.In 2010,the crime of dangerous driving was added to the criminal law,which mainly includes drunk driving and racing driving.In the subsequent revision process,in view of the frequent road traffic accidents,the crime of dangerous driving has been added to the overcrowding behavior of buses and school buses and the illegal transportation of dangerous chemicals.The crime of dangerous driving has played an important role in punishing dangerous driving behavior.However,due to the rapid economic and social development,the criminal legislation of dangerous driving crime is difficult to deal with various situations in reality,which brings some difficulties to the judicial practice.In this paper,the legislative purpose of dangerous driving crime is explored by analyzing the legislative motivation and current situation of dangerous driving crime,so as to point out the existing problems,and the legislative improvement suggestions are proposed based on the legislative experience outside the territory.This paper is divided into six parts:In the first part,introduction.It mainly expounds the background,research status and research methods of the topic.In this part,the author focuses on the current research status of dangerous driving crime at home and abroad,seeks for research ideas,and lays a good foundation for solving the problems existing in legislation.In the second part,the legislative evolution of dangerous driving crime.This part mainly analyzes the legislative motivation of dangerous driving crime and expounds the legislation and revision process of dangerous driving crime from the perspective of the harmfulness and punishability of dangerous driving behavior.This paper argues that dangerous driving behavior is extremely harmful and can not be well controlled only by administrative law,so the punishment of dangerous driving crime is justified.M,In the third part,the legislative basis of dangerous driving crime.This part mainly analyzes the rationality of the dangerous driving crime from the theoretical level.This paper holds that the concept of risk criminal law is the most important theoretical basis of the crime of dangerous driving.Discussing the crime of dangerous driving on this theoretical basis also lays a foundation for the improvement of the following legislation.In the four part,the legislative review of dangerous driving crime.It mainly expounds the deficiency and existing problems of the current legislation and points out the direction for the next improvement.In the fifth part is the enlightenment of the crime of dangerous driving outside China.Through the analysis and reference of the relevant experience of the legislation of dangerous driving crime in foreign countries,it provides new ideas for the legislative perfection of dangerous driving crime in China.In the sixth part,in view of the current dangerous driving crime legislation existing problems,combined with the research results of scholars and foreign legislative experience,put forward legislative improvement suggestions.