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On The Crime Of Dangerous Driving Crime Under Criminal Law

Posted on:2014-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:X K CaoFull Text:PDF
GTID:2176330467965106Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As the " Criminal Law Amendment (eight)", one of the important, dangerousdriving its relatively pragmatic, progressive but somewhat flawed characteristics, thepublic hope for China’s achievements in social development needs, legal processnecessary for legal specification. Based on this, this paper from the perspective ofcriminal law on the crime of dangerous driving, legal issues, and hopefully we can inorder to explore the crime of dangerous driving and criminal law system and thedevelopment of the road.This first part describes the dangerous driving and dangerous driving behaviorconcepts and related features, and highlights from the "risk criminal law" conceptpoint of view, for the crime of dangerous driving legislative background, judicialsituation, development trend analysis, which can determine the basic the significanceof the progress of legal norms and defect lies. Meanwhile, the paper also dangerousdriving on the world through the Crime comparison and reference is which definedthe crime of dangerous driving the lifting direction.In the second part, is under criminal law focuses on the elements of the crime ofdangerous driving analysis. In accordance with the theory of criminal law, the crimeof dangerous driving, including the main constituent elements, subjective, object,objective, etc., which have some of the special content of legal norms especially in theobjective aspects involved in the racing driving and drunk driving, etc., have manyelements worth exploring, and this is also an important foothold in this study.The third part of this article, focusing on the crime of dangerous driving underthe Criminal Identification and attribution were analyzed. In Crime and non-crimerespect, and for the pursuit of competitive driving type dangerous driving drunkdriving laws regulating content, respectively, from the pursuit of competitive drivingthis identification, vile judgment, the public security organs filing standards, thedetermination of motor vehicles and roads other aspects of the analysis. In this crimeand other crimes, the paper focuses on the crime of dangerous driving and trafficcrime of endangering public safety and other crimes were identified.In the fourth part, for the " Criminal Law Amendment (eight)" In the crime of dangerous driving laws and regulations that exist deficiencies, such as dangerousdriving offense adjustment range is relatively narrow, dangerous driving that standardhas flaws, the crime of dangerous driving there are drawbacks such as settingpenalties is proposed to further improve the crime of dangerous driving legislativemeasures, including expanding the crime of dangerous driving range of adjustment,improve the identification of dangerous driving standards, improve the penalty for thecrime of dangerous driving execution, as well as strict and impartial law enforcement,strengthen legal education of judicial recommendations.
Keywords/Search Tags:Dangerous Driving, Criminal Law Amendment, Risk Penal, RacingDriver, Drunken Driving, Legal Community
PDF Full Text Request
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