Dangerous Driving Behavior Of Criminal Regulation

With the development of economic society and advanced scientific technology, the material life of people becomes more and more plentiful, the cars also become a kind of inevitable traffic tools. Although cars bring people more convenient life, at the same time, terrible traffic accidents caused by drunk driving and speeding driving happen comparatively more frequents. In this condition, social public safety is severely threatened, which brings widely concerns from criminal theorists and judicial practical people. However, according to our current laws, it is not enough to deal with more and more dangerous driving cases and can not punish the conducts which harm the public safety. This article wants to through defining the dangerous driving, analyzing the criminal legislations and judgments from other countries describing our current laws and judgments,to find out how we can punish the dangerous driving in our criminal laws.The first part of the article mainly define the conduct of dangerous driving. The article firstly defines the dangerous driving is an unsafe driving conduct on a narrow sense, which means it dangerous not only on the conduct but also on the condition. Then according to our current traffic safety condition,the necessity of transforming the criminal law and the initiation of criminal penalty, it's important for us to draw up criminal laws to punish the conduct of dangerous driving.The second part of the article mainly introduces foreign legislations of dangerous driving and then appraise them. It has already been a world-widely social problem that threatens social security caused by dangerous driving. Facing this problem, many foreign countries regulated dangerous driving as a crime, also these regulations played an effective role. According to the different national conditions, the legislations are also different.Some countries regulate dangerous driving as security risk conducts compared to other crimes connected to driving, for example, Japan. Some nations define this conduct as threatening, for example, German. It can be seen that drunk driving and speeding driving are the main conducts through the definitions of foreign legislations about it. As to the punishment, it mainly limits the criminal's liberty or imposes a fine.The third and the forth part of the article narrates the current conditions of our country's legislations and judgments to the dangerous driving. It can be concluded that our punishments concentrated on administrative decrees, using them as punish bases. At the same time, owing to the comparatively light punishments,people do not think dangerous driving is a kind of severe crimes,which also brings to more and more people daring to conduct it. In the judicial practices, it's often sentenced as traffic accident crime or the crime of endangering public security with the dangerous method when dangerous driving causing severe consequences. However, the premise of traffic accident crime must depend on serious accidents, which mainly according to the results.On the one hand, it is hard to prevent the small social security from being harmed. On the other hand, because of no actual damages, it is also hard to sentence the dangerous driving as a crime, which is a blind spot in the criminal law. In the dangerous driving and the crime of endangering public security with the dangerous method, the attitudes of drivers to warding to the damage are different, which can not be sentenced as the same crime.In addition, the conducts of dangerous driving and the conducts in the crime of endangering public security with the dangerous method are also dissimilar. Therefore, the dangerous driving can not be judged as the traffic accident crime or the crime of endangering public security with the dangerous method.The last part of the article describes how to perfect our legislations on dangerous driving. This part firstly make recommendations in increasing types of dangerous driving behavior to respond the dangerous driving behavior that are considerable dangerous and enough to be a serious threat to public safety with drunk driving, drag racing in urban areas. Then, pointing out that traffic accident crime can not include dangerous driving behavior,and suggest that it is necessary to establish the crime of dangerous driving. At the same time, the article suggests that it is necessary to improve the configuration of the proposed penalty.