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On Problems Of Dangerous Driving Charges Related

Posted on:2012-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z X LiFull Text:PDF
GTID:2216330368979722Subject:Law
Abstract/Summary:PDF Full Text Request
China experience a transformation with rapid development of economic society, an important feature is increasing of motor vehicles. The rapid increasing number of motor vehicles means drivers are increasing too. It provide people convenient life, while the event of obey the traffic law and illegal driving are increased. It takes more danger to life. In order to protect the public safety, in time to punish the growing number of hit-and-run behavior, Governments around the world have formulated a series of traffic regulations. Our country criminal law to punish the object of traffic offences committed for results, with the continuous development of society, the provisions of such to have enough prevention roles, this paper with the comparative law, In all countries on legislation and our country dangerous driving into sin at the same time, For dangerous driving behavior and shall be subject to criminal law the necessity of punishment is discussed deeply. In order to effectively deal with dangerous driving behavior for the public's life safety caused a serious threat, the criminal law should make full play of the two big functions, in the field prevent crime reveal value and in the exercise of the penalty function at the same time. The author thinks that Dangerous driving behavior as dangerous crimes shall be investigated for his criminal responsibility, actively prevent crime in advance, Will be dangerous driving into the punishment of sin, to prevent crime in criminal law of play an active role in the function and effect.The first part of this paper mainly expounds the dangerous driving sin countries to the current legal situation, compared to other countries and regions in the legislative and dangerous driving the provisions of sin, Puts forward the dangerous driving legislation and judicial problem of sin. The second part will talk about dangerous driving into the necessity of sin penalty, From the social management needs, Punishment and education function such as combination of a question, And analyzing the related charges and collaborative relationship between them. Criminal law as a last resort of, as social regulation illegal activities shall be the last line of defense, when other all kinds of control measures can effectively control and effective adjustment social relations, Deal with illegal behavior, just have the use of criminal law is necessary. One key quotes Kant's theory of retribution legal thinking, Analysis of dangerous driving into the penalty function of sin. At the same time and the related compared to sin, Analysis of the different key point. The third part of the sin of dangerous driving a whole description, from the main body, Subjective and objective aspects about the sin of dangerous driving real natural state and should be natural state, Conclusion for dangerous driving and perfection of the legislation of sin and judicial fair put forward a constructive suggestion. Most of the country to the dangerous driving sin, not with behavior caused serious consequences for requirement, In order to prevent dangerous driving consequences, Punish its behavior, that behavior that once the implementation constitutes a crime. Take dangerous driving into the punishment of sin, embodied in our country criminal law amendment (8), to do this, to reduce and prevent dangerous driving behavior. Our country just in the beginning stages at present for dangerous driving legislative situation. In this respect abroad experience more abundant, it already have a period of history, We can use the experience of other countries, In the economic development and at the same time, Use law science reasonable to regulation social order, The life and health of protection of citizens' basic human rights, Through comparison of countries regulate, Summarizes the most suitable for the situations of our country's legislation and the treatment method.
Keywords/Search Tags:Dangerous Driving, Drunk Driving, Chase Race Drove
PDF Full Text Request
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