On The Crime Of Dangerous Driving

Abstract:80million of China’s current total car, with private car ownership is increasing year by year, the number of vehicles and aggravation of the problems, traffic accidents have become a social pain. In2010, the national total of238,351road traffic accidents, causing67,759people were killed and275125people were injured and direct property loss of910million yuan, of which the number of deaths caused by drunk driving average annual growth rate of7.3%. Although public security departments continue to conduct special projects, but drunk driving and drag racing and other dangerous driving behavior is still repeated. In addition, the2008Sun Weiming drunk driving case occurred in2009, Hu Bin, drag racing case "the same" dangerous driving "behavior, but the former by the court to" dangerous crimes against public security "was sentenced to life imprisonment, the latter are "traffic crime" and sentenced to three years, the judge the basis of inconsistency, coupled with the influence of public opinion, leading to different co-sin,"with the crime of criminal" phenomenon. Unified penalty standard to compensate for lack of the Criminal Law, February25,2011by the Criminal Law Amendment (h) dangerous driving offenses into the punishment, designed to use criminal law to solve the problem of dangerous driving penalties. The article first theoretical basis for analysis to identify crime of dangerous driving, to determine the reasonableness of by dangerous driving offenses into criminal jurisprudence; identified and dangerous driving behavior standards to be followed by the nature of the crime of dangerous driving instructions, in order to address dangerous driving acts of crime or problems; again in-depth study of the boundary of the crime of dangerous driving and related offenses, by comparison with the traffic crime and crimes against public security in a dangerous way to identify two of the association of the crime and find the dangerous driving behavior, consistent with The two crimes constitute the elements of the approach, in order to solve this crime and he sin; defects in China’s dangerous driving offenses, dangerous driving and will face the problem of analysis, the standard of driving offenses, the legislature should be a clear danger to expand the scope of the crime, the penalty of the crime of dangerous driving standards and improve the punishment and intensity, to ensure the convergence of the administrative penalty and the penalty, to strengthen the administration to reduce drunk driving, drag racing and other dangerous driving behavior through other means to improve the punishment of dangerous driving behavior systems.