The Study Over Dangerous Driving

Dangerous driving sin is criminal law amendment (8) additional charges, although allparts of the country have dangerous driving sin specific applicable, but dangerous drivingbehavior whether they should into sin and how to grasp this crime to the crime constitution,etc are still controversial, from practice to look at the applicable standard is different.Expounds the necessity of this crime in penalty and to explore this crime composition,judicial application has practical significance.The whole text is divided into four parts:The first part, in view of the dangerous driving behavior into sin dispute, this paperexpounds the necessity of its into sin. Dangerous driving behavior into sin has its socialbackground. First of all, China is gradually entered the "risk society", technical and socialuncertainty increased, the unknown and uncontrollable risk increases increasingly, control risk,defend the safety become social must face challenges. The criminal law is to protect the lastbarrier society, it is necessary to make a response. Secondly, our country has become a big car,but the traffic accident frequency, the people life, health and property rights are seriouslythreatened, in order to guarantee the public traffic safety, the state has formulated strict trafficregulations, but administrative regulations exist the problem of lack of punishment. It isnecessary to take the penalty means to regulation dangerous driving behavior. Third, thecriminal policy of "tempering justice with mercy" has not only from the side, there are strictside, will harm society increasing behavior rules for the crime is one of the central topics inrighteousness.The second part is the focus of this paper, the main research dangerous driving of thecrime of composition. Because at this stage there is no dangerous driving the sin of judicialinterpretation, so the theory and the practice on how to determine dangerous driving sin of the"road","motor vehicle","chasing race beat","drunk" and so on the controversial, it isnecessary to further explore.First of all, on "in road driving motor vehicle chase race beat, if the circumstances are bad" behavior of the crime constitution is discussed.Objective constitutive requirements, to "road" that this shall, in combination with the lawprofit and the austerity of criminal law to essence understanding and interpretation. This is theprotection of the public road traffic safety, belongs to the public safety. Not any way can beused as this crime objective constitutive requirements elements, and only matter of publictraffic safety road can be as this road, at the same time, there is no need to will this "road"limited to road traffic safety within the scope of the regulations. Comprehensive to see can bedefined as "road" matter of public traffic safety for not person, vehicle, the use of the roadtraffic. For the "motor vehicle" that can consult the People’s Republic of China road trafficsafety act "on the definition of the" motor vehicle ", but it is necessary to will overproof ofvehicles, such as electric bicycle contained in this "motor vehicle" range, if because of electricbicycle vehicles, such as the protection of the benefit of this risk and the risk of motorvehicles is consistent, such explanations are not beyond "motor vehicle" reasonableexplanation scope."Chasing race beat" refers to the motor vehicles driving on the roadchasing, competitive mayLead to public road dangerous behavior. Chase race drive is notnecessary accomplice.Subjective components of intentionally include direct intent and indirect intent,"gambling or the pursuit of stimulation" purpose is not subjective components elements.This "plot bad" is a comprehensive elements, its content includes not only action to occurcertain places, ACTS of the consequences of the objective aspect, such as bad plot, alsoincluding the doer of gambling and specific purpose to chase race drive and the subjectiveaspect, if the circumstances are bad. In the concrete shall be deemed by the judicial person inevery respect comprehensive consideration, from the overall grasp the actor’s action is toachieve "plot bad" degree.Secondly, to "drunken driving motor vehicle" behavior of the crime constitution isdiscussed.Whether "drunk" need according to a blood alcohol level to judge, usually will venousblood alcohol content in more than80mg/100ml identified as drunkenness, and at the same time in the alcohol content outside still need to consider other circumstances. Can be alcoholcontent in blood of100mg/100ml as absolute prosecution standards, venous blood alcoholcontent in80mg/100ml and less than100mg/100ml as relative prosecution criterion.From the actor’s subjective state of mind to see, subjective actor can be deliberately, alsocan be negligence. This person don’t need to realize that he is drunk driving, as long as thedoer recognizes one’s own can be drunk driving.The third part is the study for dangerous driving sin that should be paid attention to in thelimit of distance. This article by the general rules and the proviso of restraint, if the personalthough there are drunken driving behavior, but integrated its alcohol consumption, drunkdriving time place, etc, the behavior is not going to public road traffic safety dangerous(including abstract danger), then can apply the provisions of the proviso of article13general,if the circumstances are significant slight harm is not a crime treatment.From this case and harm of road traffic safety traffice offences relationship look,dangerous driving sin dangerous driving sin is traffice offences lead change, but also by othermeans to endanger public security sin lead change, in case of harmful consequences existunder the condition of the imagination of the competition, should be a felony place off.The fourth part discusses the punishment of this crime is. This legal punishment onlyonly criminal detention and fine, but from the sexual adapted to the criminal law principle, aswell as the prevention of crime objective comprehensive view is penalty when their SINS.This application of existing high probation rate against this crime prevention of crimeobjective realization, should be applied to cautiously probation. In the application of the fine,offender should be considered the circumstances of the crime, the ability to pay, etc., and willpay the fine and the application of probation apart, avoid "spending to redeem punishment"awkward.