Judicial Determination Of Dangerous Driving Crime

With the February 25,2011 "Criminal Law Amendment Eight," by the Standing Committee of the 11th National People’s Congress People’s Republic of China will be formally considered by the Nineteenth, dangerous driving offenses began as an independent criminal law charges and enter the stage of history, the punishment of the crime is a choice of law, it is an inevitable demand of the times. With the beginning of the eighties China began implementing reform and opening policy of the last century, these three decades of China’s economy and society has made considerable progress, until now China has the world’s second largest after the United States economy. Wealth inevitable people strong, with the gradual deepening of reform and opening up, ordinary people’s pocketbook drum up accordingly, began to pursue a more superior material life, more and more people to improve their living conditions through the purchase of a new home, buy a car through improvement travel conditions. But everything is bound to have disadvantages favorable, the car greatly facilitated our trip, but also to increase the risk of people’s lives. The emergence of drunk driving, traffic accidents are frequent, prompting lawmakers continue to consider whether to drunken driving and other acts defined as criminal. Culminating in "Criminal Law Amendment eight" the lawmakers will chase competing driving drunk driving and vile acts defined as a crime, namely the crime of dangerous driving. From a legal point of view, will chase competing driving drunk driving and aggravated the introduction of criminal law, itself has a very important significance. Our law follows the principle of legality, that law does not expressly provided for the offense. But before the crime into the criminal, penal precisely related offenses did not make express provision, so dangerous driving behavior was merely a general offense, not a crime, it is not subject to criminal prosecution. This makes a lot of drunken driving who chase competing driving vile person not subject to legal accountability, in my opinion this is the law itself a flaw in the design.