| With the continuous development of China’s economy, the car has entered People’s homes as a means of transport. Everyone in the society is enjoying the high speed development of convenient transportation, but also to face the risk that the motor vehicle can bring to us. To create a safe and orderly traffic environment, reduce the dangerous driving behavior caused by road traffic accidents, banning the dangerous driving behavior escape criminal law to combat the breed, on May 1, 2011, the criminal law of the People’s Republic of China Amendment (VIII) "formally incorporated into the scope of the criminal law of the crime of dangerous driving. November 1,2015 implementation of the "PRC Criminal Law Amendment (nine)" once again on the crime of dangerous driving. Since the crime of dangerous driving is a dangerous crime, the threshold of entry is low, and dangerous driving crime has become one of the common crime in our country.The criminal law of the People’s Republic of China currently has drunk driving, chase racing, school bus serious overcrowding speeding, dangerous goods transport illegal and other four kinds of dangerous driving behavior into criminal law regulation. How accurate the cognizance of the crime of dangerous driving is not only the need to maintain the modesty of criminal law, but also the accurate needs of attacking the crime of dangerous driving. Although the criminal law for dangerous driving sin provide a legal basis, but due to the simplicity of the legal provisions and the fuzzy, caused the contradiction of the complexity of crime and dangerous driving behavior makes identification in judicial practice of dangerous driving crime still exist very big controversy, especially the criminal law of the People’s Republic of China amendment (nine) "new regulations on the other two kinds of circumstances of the crime, for these two cases how to confirm the many issues that need to be explored.In this paper, the criminal law amendment (nine) as the perspective, from the theoretical and legal provisions of the two levels to explore the crime of dangerous driving. Summarizes the connotation of dangerous driving behavior, analysis of two kinds of situations of crime elements, discusses the the main form of crime, and analyses to the "proviso" problem under the two situations, dangerous driving crime and other crimes boundaries and a variety of competing. This paper is divided into three parts:The first part from the basic theory, mainly to the criminal law amendment (nine) of the new provisions of the overload speeding and illegal transportation of dangerous driving behavior of dangerous driving behavior of the crime constitutes a detailed analysis.The second part is the main form of crime of dangerous driving crime of in-depth study, including the accomplished and attempted crime, the form of an accomplice. In order to judicial practice.The third part mainly combining the experience of grassroots judicial practice, understanding of the law to apply the proviso, at this stage of dangerous driving path to solve the issues related to the law of sin. And this difference between crime and crime, a variety of dangerous driving crime phase coincidence, such as how to deal with problems are presented in this paper. To ensure the study in theory and practice to explore and clarify difficulties related to the crime of dangerous driving. |
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