The Investigation Of Dangerous Driver Behavior Goes Into The Offense And Its Judicial Apply

"Criminal law Bill for amendment"(eight) is baned on February 25th,2011. Twenty-two states: "In the pursuit race on the road driving a motorized vehicle, aggravated or drunk driving a motor vehicle on the road, and at the detention and a fine. " That is in the midst of controversy, convicted of dangerous driving behavior to be explicitly recognized by legislation, however, scholars convicted of dangerous driving behavior, but the controversy has not subsidedt. Therefore, this article analyse the social situation and the legal rule present situation of the dangerous driving behavior , list the introduction of controversial ideas, obtains the necessity which the dangerous driving behavior is punished; Afterward analysis two kind of manifestation which the 22nd institute stipulated, namely drives the vehicle chase on the path to compete drives and the alcoholic intoxication driving vehicle on the path with the alcoholic intoxication. Finally the paper analyse the difference about the crime, the transportation cause troubling crime, and the dangerous method harm public security crime, proposed when carries on the discretion of punishment to this crime should pay attention five questions, hoped provide certain help to punished the judicature, this is also the main purpose which this article writes, make the meager contribution.for constructs the harmonious transportation environment.The first chapter, respectively, by dangerous driving behavior, social status and legal status from the two aspects of the act of departure to discuss the tremendous harm, analyse criminal law theory by analyzing the views of experts drawn from the crime of dangerous driving behavior,obstain the necessity of dangerous driving behavior should be goes into offense.The second chapter in the Criminal Law Amendment (eight) dangerous driving on the basis of one form of crime - on the road driving a motor vehicle pursuit race for the identification and legal issues.The third chapter in the undertaking on the basis of Chapter II of the crime of dangerous driving another form of - drunken driving, identification and application of law issues.The fourth chapter of analysis danger driving crime and criminal law related charge - - transportation cause troubling crime with by dangerous method harm public security crime, in the judicature is suitable the difference.Finally is to this paper summary, which through the first four parts of analyses this article proposed.Through 22nd dangerous driving crime's two kind of manifestation's recognizing is suitable the question to "Criminal law Bill for amendment" with the law to conduct the research, finally to be suitable well to the dangerous driving crime's realizes the criminal law general prevention and the special prevention function.