Research On The Crime Of Dangerous Driving

The additional of the crime of dangerous driving established on the basis of foreignlegislative experience. It reflects the concern of criminal law for the people’s livelihood, withfitting the double protection of criminal law function. It also improved the crime of trafficaccident, and enhances the operability of anti-value acts. The crime of dangerous drivingprotects the legal interests of road’s public safety. The crime of dangerous drying’s objectivebehavior includes the drunk driving and the driving competition. In order to highlight thedanger of the driving competition, the driving competition needs serious plot to be supported.For practical convenience, the drunk driving needs not add to the level element. The subjectof the crime of dangerous driving is a special subject that not affects the establishment of acommon crime. The establishment of the crime of dangerous driving only needs intentionalbehavior. The theory of Action Liberate in Cause has a positive identification for subjectiveidentification of the crime of the dangerous driving.In order to clearly the boundaries of the crime of the dangerous driving, it needs todistinguish between the dangerous driving behavior and the high-speed driving behavior, thephysiological-drunk driving and the pathological-drunk driving, the drink driving and thedrunk driving. Between the crime of dangerous driving and the crime of traffic accident has adistinction between the deliberately crime and the neglectful crime, the dangerous crime andthe actual harm crime. It can produce competing between the crime of dangerous driving andthe crime of endangering public safety in a dangerous way. When the crime of dangerousdriving has a equivalent dangerous with arson, flooding and explosions, the perpetrator willconstitute the crime of endangering public safety in a dangerous way. The dangerous in thecrime of dangerous driving includes four elements——predictability, lawful, real possibilityto the real harm results and relevance to the dangerous behavior and dangerous correlation.Based on consideration of the protection of legal interests, it is necessary to extend to drugdriving risk and taking other narcotic drugs, psychotropic drugs on driving and otherdangerous driving behavior. Dangerous driving behavior needs to add to terms in “RoadTraffic Safety Law” because of administrative penalties and criminal penalties for poorconvergence.