Research On The Constitutive Elements Of Dangerous Driving

The 19th Session of the Eleventh Standing Committee of the National People’s Congress on February 25,2011 passed the "Amendment to the Criminal Law of the People’s Republic of China 8,which included dangerous driving behavior in the scope of criminal penalties the first time. It is the substantive changes of the traffic accident crime of article 133rd in criminal law and it is also the performance in keeping with the trend of the times. With the 22 rd in amendment to the criminal law officially implemented, this crime encountered lots of controversy in the process of conviction and punishment. The text will start from the basic theory of the offense, and study the conception, the constitution, and the sentence of the dangerous driving, at last I will put forward my own views and opinions on the issues.The text is composed by five sections:The first section of the essay mainly explained some basic issues of the crime of dangerous driving, which included the conception, constitution and the background. The section will solve four problems:the first one is that what is the dangerous driving and the origin of the charge of dangerous driving. The second, we should use what kind of the crime theory to analyze the crime of dangerous driving. The third, the background and the necessity of the behavior of dangerous driving which be as a crime. The fourth. the behavior of dangerous driving which be as a crime embodied the characteristics of our legislation. This article will use the traditional "four elements" theory to study the crime of dangerous driving.The second section of the essay mainly compared to the legislative provisions and models of dangerous driving in other countries and regions, which draw the flaws and shortcomings in our country. In this section, I focus on comparing to the legislative provisions in Germany, Japan and Macao.The third section, core of the article, uses the "four elements" theory to analyze and determine the elements of the crime of dangerous driving. First of all, I believe that the object element of the offense is a complex object. Then, I made a simple analysis on objective requisites of the crime about other countries and regions which leads to the contents of the objective elements of the crime of dangerous driving in our country. At the same time, I determined the concepts of drunken driving, chase competition driving, vile and road. Finally, I will attach separate reference in the subjective element of the drunken driving behavior and the chase competition driving behavior when I am studying the subjective element of the crime of the dangerous driving.The last part of the article mainly arranged the controversial issues on the crime of the dangerous driving and then put forward to my own views and suggestions. I believes that the dangers of drugs on society is increasing with the rapid economic development, the crime of dangerous driving behavior should include taking drugs driving. I think that the scope on space-time not only limited in road but also expanded according to our country’s basic condition. On the standards of conviction for the crime of dangerous driving. I suggest that we should not use the principle of the article 13rd in criminal law but be strictly in accordance with objective criteria to achieve fairly. The author in this section of the article also detailed the crime of dangerous driving sentencing range. If civil servants break the law because of dangerous driving,he should be dismissed from public office according to the article 17rd in the administrative organs Punishment of Civil Servants Ordinance.In short, the appearance of the crime of dangerous driving is a product of the times, is a inexorable trend to improve the system of the criminal law and is a well-being reflection to protect the civil rights. It is necessary to make some dangerous driving behaviors that seriously endanger the public security as criminality which start from building a harmonious society and establishing a socialist legal system country. However. There were some insufficient in specific provisions and I hope that the text could make modest contributions in making up the shortage of the crime law and improving the legal system.