The Crime Of Dangerous Driving

According to the provisions of one hundred and thirty-third of the Criminal Law, the traffic accident crime is committed to 3 years of imprisonment or criminal detention; traffic casualties or others extremely serious, at least 3 years- 7 years imprisonment; Escaping to die, at 7 years in prison. We know that the traffic accident is a typical result of the crime committed, as little acts of subjective vicious and fault of whom belongs to, so even if the harm is often little, and often accompanied by casualties, but the penalties are relatively light. In theory, some scholars believe that the frequent appearance of drunk driving in recent years, driving after taking drugs, drag racing and other dangerous ways of causing the traffic accident, the people know the results before being blocked in the sense of the potential risks, it is can be predicted, but he has taken a laissez-faire attitude, the actual damage that the behavior causes is not simply as "fault", because it is clearly beyond the scope of the crime in both the subjective and objective, then in accordance with the Crime penalty, leads to fail to strict and just. Therefore, before the Amendment VIII to the Criminal Law, series of drunken driving and other dangerous driving behaviors of motor vehicles, the usual approach is based on different scenarios and outcomes, are named by "the traffic accident crime" and "dangerous means against public security " to the conviction and sentencing of criminal suspects. The traffic accident crime is the guilty of result of criminal law theory, the results of the statutory damage is committed to a crime when it happened, but dangerous way to the crime of endangering public safety is the potential damage, whose higher legal punishment for those circumstances that are relatively minor penalties for dangerous driving behavior becomes too heavy. And the choice of the two charges, the crime of endangering public safety hazard method requires subjective intention, but in reality it is difficult to make timely and effective evidence in subjective deliberately or fault, to make it difficult to make accurate judgments. In judicial practice, the absence of certain articles to follow, together with the different circumstances and the influence of the legal knowledge and subjective factors of the judges it is likely to make a different decision to the same nature cases, which is also one of the main factors that caused o dispute by the majority of the people.March 3,2010, Shi Jie, the CPPCC member put forward in an interview "dangerous driving charge" to write into "the Criminal Law". The communities required to write dangerous driving behavior into the Criminal Law by an increasing demand, many NPC proposed a motion requiring that such a serious behavior threating to people's lives and social safety harmony and stability, it is regulated to the criminal law from the original civil law and administrative law. Following the AmendmentⅧto the Criminal Law, officially drunk driving and "racing" are to add into the provisions of one hundred and thirty-third of the Criminal Law. Then the launch of the drink driving and "racing" as the representative of the dangerous driving behaviors is despreaded from the previous academic upgrading to be enthusiastic discussion. "Dangerous driving behavior" can be defined:as the state in which the driver haves and driving equipment or potential hazards and other factors, behaviors may pose a threat to the personal property and actions. Although "Dangerous driving behavior" is not a legal term, but in the level of the law it can be interpreted as a violation of road traffic safety laws and regulations or the increase in driving a motor vehicle causing undue risk behavior. Dangerous driving behavior in a broad sense refers to all the insecurity, the risk of violating traffic regulations means acts of driving a motor vehicle; but in the narrow sense refers only to the driver of dangerous driving behavior that can easily lead to traffic accidents in a bad state or the implementation of traffic accidents that can easily results in bad behavior, such as the act of drunk driving and drag racing of t the AmendmentⅧto the Criminal Law. Like any kind of needing branded "criminal" behavior, the AmendmentⅧto the Criminal Law provisions in the crime of dangerous driving has its unique circumstances of a crime. Only from the subjective side, the implementation of the behavior of dangerous driving may be intentional or fault, of course, one of the most difficult to define the indirect intention and the fault of over-confidence. In real life, in fact, most of the Traffic Accident dangerous driving behavior, the perpetrators are basically do not want accidents, that the vast majority are due to the fault, while really needs the system as a dangerous foul line with an indirect subjective aspects of intentional crime of dangerous driving is extremely rare in real life. That the AmendmentⅧto the Criminal Law write drunk driving and drag racing as an intentional crime into the provisions of one hundred and thirty-third of the Criminal Law is wrong. Which needs to follow different behavior and subjective state of mind to distinguish, even in different places, the qualitative to behavior is crucial. This provision also makes difficult to the conviction of dangerous driving behavior. Therefore, I believe that the identification of the subjective state of mind of the perpetrator should be more accurate and detailed, the daily life of various social issues into the penalty should be more careful science. Subjectively, that the vast majority of criminal intention does not harm the results of the risk of driving into the penalty is not necessary, so that, without subjective malicious but having hazard results of dangerous driving behavior, as the special circumstances of the Crime, by increasing the statutory punishment to achieve the effect of punishment and prevention is also more reasonable.