The Study On Establishing The Crime Of High-risk Driving Behavior In Criminal Law

Since the end of 2008 , have taken place a lot of vicious traffic accident which had caused by motor-racing, drunk-driving and other high-risk driving behavior around the country, and lead to huge loss in casualties and public or private property.It has aroused widespread attention, most domestic medium and the public strongly urge the Government to strengthen the supervision of high-risk driving behavior, and punish the perpetrators. At the same time, the legal issues about high-risk driving behavior have become a hot topic among the people and legal Scholars. Especially even the similar cases but different sentences what lead to bewilderment among the public. In my thought, there are two main reasons for this difference sentences. One hand, there are some disadvantages in China's current criminal law and judicial interpretation. On the other hand, there is misunderstanding on the basic concept of criminal law and characteristics of high-risk driving behavior. In this article, I study the rationality and necessity of establishing the crime of high-risk driving in criminal law. Meanwhile, based on the analysis the foreign law, give some advice to solve such problem.This paper is divided into four parts:The first part, described the current situation and legal issues about the high-risk driving behavior. In recent years, as the appearance of large numbers of motor vehicles, it lead to a variety of traffic accidents which caused us tremendous casualties and property damage.The second part, described the rationality and necessity of establishing the crime of high-risk driving in criminal law. Trough the analysis on subjective elements and objective respect of the crime, distinguished the high-risk driving behavior and crime of endangering public security with the dangerous method.The third part, described the disadvantages in Chinese current criminal law and judicial interpretation. There are two judicial interpretations which seriously go against the fairness and justice.The fourth part, analyzed some foreign law, and gave advice to solve such problems. For protecting the equity and justice, we should perfect related criminal law and judicial interpretation.