Analysis Of Criminal Law On Dangerous Driving Charge

"Criminal Law Amendment （Eight）" had been passed by The National People’sCongress Standing Committee that the crime of dangerous driving as a new crime hasattracted everyone’s attention and argument. The reason of this charge releasing isthat the alcoholic intoxication drives and drag racing frequently happened and makethe public security and people’s life and property heavy loss. The plot bad behaviorhas been integrated by the criminal law rules and regulations scope, which had veryvital significance. Because it can make up the fuzziness and insufficient ofstipulations and punishment about the alcoholic intoxication dangerous drivingbehavior and drag racing.But this charge also has many not desired places in thelegislation and the judicial practice that are waiting for the further consummation.This article precisely takes this as the goal. The author uses synthesis utilizationanalytic method, the comparison test, presents evidence to research some advancedlegislations and the practice overseas, and synthesizes our country’s concrete nationalcondition and the judicial practice again, and evaluates our country criminal lawabout the dangerous driving crime’s crime, the responsibility, the punishmentquestions, The author hoped that this paper can have some benefits to our countrycriminal law about the dangerous driving crime’s further consummation.This article mainly narrates and analyzes the reasons about why make thedangerous driving behavior integrated by the rules and regulations scope of thecriminal law. This is because our country economy’s rapidly expand which causes ourcountry’s automobile inventory to be getting bigger and bigger, the transportationcause troubles, illegal driving.A series of harm traffic safety’s questions becomesseriously day by day. This needs to appraise the social hazardous nature of thedangerous driving behavior, but the stipulation and the punishment of existingpunishment pattern, like the criminal law, the administrative rules and regulations andso on, which can hardly contain the strict serious development of dangerous drivingbehavior;In recent years some reality living malignant traffic accident occurred repeatedly, but because rules and regulations are not legislated or perfect, which cannot enabled the troublemaker to be able to obtain the proper penalty, and caused thecriminal law appears soft and weak,“killed the human to hit in vain” has aroused thegeneral populace’s intense indignation, also has caused the society enormously panic.Therefore the dangerous driving behavior is punished by criminal law, which is alsothe historical necessity. It not only manifested the protection of criminal law to thepeople’s benefit, but also be conformed principle basic request to our country criminallaw about the crime, the responsibility and the punishment.The second part of this paper analyzes and elaborates the constitution andrecognition of dangerous driving crime. The abstract dangerous committee is referredto such a forbidden conduction that includes the possibility of interest violation.Simultaneously the result or the concrete danger is not essential, so the abstractdangerous committee does not have any results or necessary of exam cause-effectrelationship, which enormously reduces certificate cost to constitution. It not onlycarries on the punishment the attempted behavior by the accomplished offense form,but also expands the criminal law punishment scope. Its characteristic is theidentification to subjective aspect that displays intention to the conduction of thealcoholic intoxication and plot bad drag racing behavior on the amendment. And then,we analyze the formation and constitutive fragment of dangerous driving crime, andalso elaborate the relation and difference between dangerous driving crime and othercrimes related. For example, dangerous method harm to public security crime and thecrime of causing a traffic accident and related regulations and so on.It has the disparity and the question about the dangerous driving crime in ourcountry compared with the other government sepecially law developed perfectcountry. According to our country’s judicial practice and our country’s specialnational condition, dangerous driving in legislates obviousness which exists in theinsufficiency and the judicature Internationally many countries have the stipulation inthe criminal law to the dangerous driving crime, and imposes the severe sentence tothe plot bad behavior. Regardless of our country’s dangerous driving crime isdetermining guilt, has the deficiency in the discretion of punishment perhaps in the judicial practice process. Even if in most commonly used “the liquor harnesses” itdose not limits strictly, processing is unclear.At last, the author proposed some suggestions on legislation and the judicial.About determine guilt, the dangerous driving crime’s legislation only to be defined inthese two kinds of patterns is also understandable, but along with society’s unceasingprogress, dangerous driving has the new situation unceasingly, two kinds of patternsare insufficient to include all dangerous driving behavior, therefore we should expandthe dangerous driving crime’s objective manifestation suitably. The dangerous drivingcrime is the charge which principal penalty is only order of words in a criminal lawminute. It has sentenced lowly in the judicial practice and is also the question to besolved. In the discretion of punishment aspect,“the plot is bad” and “alcoholicintoxication dangerous drives” has not carried on the logical strict law to theexplanation, and also causes this legislation insufficiently to consummate. In judicialpractice, because “dangerous driving crime” the stipulation fuzziness as well as ourcountry’s special historical situation causes, in concrete handles a case in the processto have “the selectivity” the law enforcement situation, the synthesis looks like, thedangerous driving crime has not obtained the good expectation effect. Therefore theauthor from determines guilt, the discretion of punishment,“is drunk harnesses” thedefinition and the judicature practices four angles to carry on the analysis, expoundssome questions, proposed that the related opinion and the opinion, anticipated can thebetter consummation related legislation, enable the dangerous driving crime the truepractical protection life value, maintains social fair justice, and realizes true safeguardof human rights.