Dangerous Driving Behavior Criminal Responsibility

In recent years, there appeared dozens of bad dangerous driving cases that caused serious injury,death and heavy losses of property in our country, serious social harmful consequences caused by dangerous driving behavior are not allowed to ignore. On the one hand, because the defects of criminal legislation, the scope and punishment settings of dangerous driving behavior aren't perfect in criminal law. On the other hand, the judicial practice of dangerous driving behavior crime does not have uniform try standard, the applicable laws in different people's court exist very big differences, so the verdict result is greatly different. The poor situation judicial regulation of dangerous driving behavior, caused the law respects dropped greatly, formed a kind of judicial application's plight.It's not hard to see, the current penalties for dangerous driving behavior of judicial predicament became an inescapable hot issue among the jurists and practice. Scholars for the awareness of the problem also think differently, some scholars think dangerous driving behavior happens in the public transportation, harms the person's lives and property security, its essence is among traffic offences or endangering public security in a dangerous method, so in the current criminal law sin framework, we can punishment dangerous driving behavior effective completely, there does not exist so-called judicial dilemma, Naturally ,there doesn't has any legislation necessity to regulate dangerous driving behavior; some scholars don't think dangerous driving behavior is either traffic offences or in dangerous means to endanger public security sin, but think there are no specific regulation about dangerous driving behavior in the current criminal law, so we cannot regulate dangerous driving behavior effectively, we must regulate dangerous driving behavior through criminal legislation, criminalizing them alone in criminal law, thus we can contain increasingly frequent dangerous driving behavior, protect public safety of life and property, only in this way can we guarantee legal justice.Aiming at the judicial application predicament, this essay tries to discuss dangerous driving behavior from scope limits,criminal law attribute,objective performance,subjective mental attitude,realistic judicial predicament and foreign successful experience in legislation, get a conclusion, that is the current criminal law can't regulate dangerous driving behavior effectively and reasonably, in order to combat dangerous driving behavior, we should take preposed legislation, that is giving dangerous driving behavior a negative evaluation, eliminate potential social harmfulness of dangerous driving behavior so as to ensure the people's personal and property security. Specific approach is to reference foreign successful experience of regulating dangerous driving behavior, seeking perfect countermeasures about dangerous driving behavior of criminal penalty in our criminal law legislation, perfect the law for dangerous driving sin. We can regulate dangerous driving behavior effectively through improve the past legislative defects , reduce judicial applicable injustices in judicial practices, and finally achieve judicial justice, maintain social harmony and stability.