Research On A New Crime Of Dangerous Driving

Dangerous driving is drunk driving or driving after taking drugs, drag racing and other serious behavior which make threats to the life, health, and property security of people. Before the Criminal Law Amendment VIII, the judicial practice on the dangerous driving of crime are generally classified as crime of causing traffic casualties or crime of jeopardizing public security in dangerous way. The subjective crime of causing traffic casualties aspect is fault. In dealing with the issue of dangerous driving, there is the plight of the determination of the subjective. Furthermore, without causing damage, the dangerous driving behavior cannot be punished.Criminal Law Amendment VIII defines drunk driving and competitive driving on public roads as criminal acts, which makes progress on the regulation of dangerous driving behavior in the criminal legislation. However, there are still some shortcomings in the provisions of the amendment. Dangerous driving behavior should not be limited to the types of drunk driving and road racing. The law should define the degree of conviction, but terms does not refer to the results of dangerous driving behavior. To solve these problems, we must build a reasonable legislative standard, including the types of dangerous driving behavior of and degree of risk. Considering different levels of harm to society, the law should set scientific penalty rate, which corresponds with the entire penal system. In this way, we can effectively regulate dangerous driving.This article is divided into five parts, about thirty thousand words:The first part is an overview of dangerous driving behavior. This part discusses the concept and nature of dangerous driving behavior.The second part is the legal regulation of the dangerous driving behavior in our country. First is the comparations of the legal regulation of crime of causing traffic casualties and crime of jeopardizing public security in dangerous way which are applicable to dangerous driving behavior. Then points out the plight of regulation in dangerous driving behavior.The third part analyzes the necessity of making dangerous driving behavior in the regulation of Criminal Law. In view of high risk status of the driving behavior and the provisions of existing laws which is not sufficient to curb such behavior, defying dangerous driving as conviction can effectively combat and contain the type of behavior, in order to achieve the prevention functions of Criminal Law.The fourth part is the feasibility analysis of defying dangerous driving behavior as crime. This part analyzes and comments the legislation of typical foreign countries, especially that of Japan and England.The fifth part analyzes the related issues of dangerous driving conviction. First is the analysis of provisions of drunk driving in the Criminal Law Amendment VIII.Then is the types and degree of conduct which should be convicted. Final is constitution of the crime of dangerous driving, and the difference between crime of dangerous driving, crime of causing traffic casualties and crime of jeopardizing public security in dangerous way.