| In the face of dangerous driving behavior of multiple and severe," criminal law amendment (eight)" brings the two behaviors of " drunk driving" and" chasing compete driving" into the crime. It not only make up the loophole of criminal law, but also be conducive to the prevention and control of such behaviors.It also has received remarkable progress in the judicial practice. However, whether it should be convicted, there are different voices in the theoretical circle.Some scholars have put forward many negative views. At the same time,it exposes some problems in the judicial practice. Therefore, this article is aimed at these problems.from the analysis of the related features of the dangerous driving behaviors,whether the criminal law should add dangerous driving crime, to illustrate the necessity and rationality of the dangers of driving behaviors into the crime. And to discuss the composing elements and the constitution of the two kinds of dangerous driving behavior types of crime. And to discuss adequately of distinction and connection of the dangerous driving crime and traffic accident crime, the crime of endangering public safety in a dangerous way in order to better distinguish between this crime and that crime.Comparaing the foreign legislative cases, pointing out the defects and improvement of the dangerous driving crime legislation and judicial practice in our country.This paper is studying the crime on the four aspects,looking forward that this crime can play a great role in the judicial practice.This article consists of four sections,3million words.Its concrete structure is as follows:In the first chapter,I emphatically analyze the characteristics of dangerous driving behavior and its social risk, in order to explain the importance of dangerous driving behavior into crime. From both of the theory or the current dangerous driving behavior and multiple realistic perspective, the dangerous driving into the crime has its necessity and rationality.In the second chapter, with the actual conditions of our country, I explore the practical significance of the dangerous driving behavior into the crime and the concept and constitutive elements of the crime. Among them,I talk more about the two behavior types of constitution of crime in the judicial practice, in order to make a better recognition of this crime. In the third chapter, I discuss adequately of distinction and connection of the dangerous driving crime and traffic accident crime, the crime of endangering public safety in a dangerous way in order to better distinguish between this crime and that crime.In the fourth chapter,I analysis the dangerous driving crime legislation in foreign law to indicate the characteristics of the legislation of the crime of dangerous driving.I try to think the flaw of China's current legislation on dangerous driving crime and to explore the perfection of criminal legislation. We shoud use both ways of lists and generalization to expansion the dangerous driving behavior and provide the statutory penalty.Achieving the purpose of punishment and the criminal policy requirements and alleviating our country traffic accidents grim situation.In this paper,I have usde the following methods.I used the analysis of empirical research methods to discuss the dangerous driying behavior of multiple in the perspective of empirical study, pointing out the dangerous driving is full of social harmfulness and the rationality of the dangerous driving behavior into crime.The second is the comparative study.I used this method to study the regulation and control of this crime in foreign law.I point out the defects of China's current legislative and judicial practice on the recognition and regulation of dangerous driving behavior.Meanwhile I try to draw lessons from the successful experience of foreign countries and to put forward the legislative perfection of the crime of dangerous driving.In the course of the study there are many things full of puzzled and confused, but I also have the great harvest.It deepens my understanding of the dangerous driving behavior, the characteristics of criminal constitution.I also attempt to conclude some problems of this crime in the judicial practice, hoping to put forward some feasible solutions in my own capacity.I hope that the content of the research can do something to dangerous driving crime accurately identified and the judicial practice of reasonable. |
