Creation Of "the Crime Of Dangerous Driving" And Contrast

With the continuous development of our society and the progress, Increasing living standards, Car ownership is also increasing, while the corresponding traffic accidents are also increasing. Especially traffic accidents caused by drunk driving in our country that has a long history in wine culture of the country seems more and more of the outstanding, And lead to all sorts of drunk driving tragedy even more shocking. Drunken driving victims and their families not only caused great harm, is more serious is that such behavior on people's travel safety and the community have caused a huge public safety hazard.Our country's "Criminal Law" sub-crime of endangering public safety in the chapter provides for the Crime and endangering the public safety of dangerous crimes, but for an accident caused by drunk driving, qualitative, fuzzy but seemed more difficult to further their defined.February 25,2011, People's Republic of the Eleventh National People's Congress Standing Committee of the Nineteenth Meeting of the "Criminal Law Amendment (h)" (Law of the People (fourth on the 11th)), since May 1,2011 shall come into force.The "Criminal Law Amendment (h)" Article 22 adds a provision for dangerous driving offenses, and finally in the future drunk driving, drag racing behavior have a relatively clear. However, "Criminal Law Amendment (h)" there are many provisions of the lack of the same place. However, "Criminal Law Amendment (h)" there are many provisions of the lack of the same place, such as what is drunk, drag racing and other acts not clearly defined the comparison of similar drugs and this does not sum to the dangerous driving behavior driving the crime.To "dangerous means endangering public security" is typical of a deliberate crime and "Traffic Accident" is a typical criminal negligence, So essentially different from his conviction of drunken driving behavior will lead to an objective harm to society caused by the great differences, but also in subjective dangerousness of the great differences, and thus directly affect its characterization. Therefore, the manifestation of justice, first of all at least have the legislation is reasonable. Especially where there is ambiguity, it should be clear. Because the judge's discretion is limited, he can only be exercised within the scope of the sentencing, in any case not a substitute for functions of legislators, at least he did not understand the intent of the legislators at that time.In this paper the specific case of the real form of description, analysis, and the new "Criminal Law Amendment (h)" dangerous driving behavior in the absence of legislation were analyzed and compared, recommendations and look forward to better their legislators enough sound, which can genuinely guarantee the value of life, social values, and realize the value of the law.