A Study On Legislative Perfection Of Dangerous Driving Crime

In contemporary society, with the general improvement in people’sliving standards, the utilization rate of the car is getting higher and higher.Traffic accidents occur frequently, followed by some illegal drivingbehaviors, especially the “drunken driving” and the “Chasingcompetition driving”, and other dangerous driving behaviors. Thisdangerous driving behavior caused a serious impact on the road order andthe safety of people’s lives and property. Therefore, in the criminal lawamendment (eight), these dangerous driving behaviors are criminatedinto the crime of dangerous driving for the first time.This thesis is completed mainly by enumerating cases, comparativeanalysis, summarized summarize research methods and many otherresearch methods.The paper begins with introduction of Foreign and Chinese legislative provisions on dangerous driving behavior, it is introducedprovisions on charges of dangerous driving in different countries andregions of the civil law and common law systems.The second part, through comparative analysis, analyzes the defectsof China’s legislation on dangerous driving. That dangerous drivingbehaviors are criminated into law in foreign countries has already existedfor a long time, and it tends to be mature after many years of practice, butin our country it is the first time to rise this issue from the level ofadministrative regulation to the level of criminal regulation, so there aresome inevitable flaws in the legislation:First of all, the type of the dangerous driving behavior isdemonstrated only by means of case enumeration, which limits the typesof regulation of this crime to two behaviors methods drunken driving andchase race driving. while for other dangerous driving behaviors, forexample, drug driving, in China, the related regulation can be found only in “the Supreme Court judicial interpretation of traffic accident”,expressed like this “the man who droved motor vehicles after drinking orusing drugs, caused one seriously negative full responsibility for theaccident or the main responsibility should be punishment by the trafficcrime”. From these words, we can conclusion that, presently, trafficaccident caused by drug driving and those caused by drunk drivingassume the same legal responsibility. However, drug driving which doesnot cause harmful consequences is free from the regulation of criminallaw, which is very adverse to the road traffic safety. Erosion drugs onpeople are often more than alcohol, for those drivers who have drugaddiction, once entered into the field of public transportation; the dangersof drug driving can not be ignored.Secondly, whether a new accusation has the actual effect of theprotection of legal or not, not only the design of legislation should bepaid attention to, but also the practical effect in judicial application. At present, however, the dangerous driving crime legislation does not havespecific provisions to chase competition driving “vile”, and also nouniform provisions for drunken driving breath test and blood testevidence, such defects in legislation lead to the judicial applicationdifficulties, which adversely affects the effect of the dangerous drivingcrime law.The third part, from the point of the defects of our behavior types,explains the necessity and possibility of drug driving into the criminallaw.Finally, the crime of dangerous driving is not only the punishment tothe criminals, but also the precaution for drunken driving and racedriving. Therefore, not only the severe punishment is needed, but alsosome flexible measures are needed to be supplementary means. So in thelast part of this paper, some suggestions are put forward for improvement,in the hope of contributing to the legislation and judicial application.