On The Criminal Responsibility Of Driving Excessive Electric Vehicle

Electric vehicles are wheeled vehicles that are driven by electricity and run on roads for people.In electric vehicles,the disabled wheelchairs and electric bicycles that meet the relevant national technical standards belong to non-motor vehicles.In this paper,the excessive electric vehicle refers to the non-motor vehicle safety technical standards of the vehicle.Based on the actual case,this paper focuses on the harmful behavior of the doer driving the over-standard electric vehicle causing a serious injury or death.First of all,through the statistical analysis of relevant cases on The Chinese Judicial Documents network,the author summarizes the phenomenon of different judgments in the same case in the trial practice.For example: some judicial organs think constitute traffic accident crime;Some judicial organs hold that the crime of causing serious injury or death is negligent;Other tribunals have held that such conduct does not constitute a crime.There are many reasons for the result of this kind of trial.The main reason is that different judicial organs have different understandings on the facts of the case and the application of law.Then systematically combs the main dispute points existing between the prosecution and the defense in the judgment case.For example,whether the electric vehicle exceeding the standard can be identified as a motor vehicle in the criminal law;Whether the recommended technical standards in administrative management can be used as the basis of expert opinions in criminal trials;Whether driving without a license and other circumstances as a conviction.Secondly,it discusses the above mentioned controversial points one by one,responds to the judicial difficulties in judicial practice,and clarifies the nature of relevant behaviors.Finally,it focuses on whether relevant negligent crime can be convicted and punished when it is not suitable to be punished by special law,so as to provide reference for the sentencing of related cases.