On The Judicial Application Of The Crime Of Dangerous Driving

In recent years, with the improvement of living standards of Chinese，manyprivately-owned cars have already entered people’s home and become the necessitiesof life. The phenomena of dangerous driving and the case of resulting in greatcasualties and loss of properties drunk driving both grow in severity. Since May1,2011, the “No.8Amendment to Criminal Law” came into effect, many legalprecedents of the crime of dangerous driving have been appeared all over ourcountry. But there are difficulties and confusion in the judicial application of thecrime of dangerous driving, such as investigation, compulsory measures, judicialdetermination, extent for measurement of punishment, and so on. Different judicialorgans on the above issues have expressed different opinions. There is considerablecontroversy in Chinese academic circles on the nature and determination of thecrime of dangerous driving. This thesis proceeding from the crime law theory,explicates the necessity and legitimacy of listing dangerous driving into CriminalLaw by analyzing the nature the dangerous driving as an act from the perspective ofa theory on involuntary dangerous crime. Besides, the thesis will also elaborate onthe problem of the judicial application of the crime of dangerous driving. The thesishas been divided into three chapters: the first chapter is the law theory in the crimeof dangerous driving. The chapter mainly on the basis of the theory of abstractPerilous and the action liberty in clause, will explore on nature and basis of law of the crime of dangerous driving. The second chapter is the research in the judicialapplication of the crime of dangerous driving. The chapter on the basis of analyzingconstitutive elements of the crime of dangerous driving, will discuss the judicialdetermination of the behaviors of drunk driving and controversy pursuit race, thedistinction between the crime of dangerous driving and the other crime, and theproblem of investigation of the crime of dangerous driving. The third chapter is toanalyze the measurement of punishment of the crime of dangerous driving. Thechapter will discuss the crime of dangerous driving of criminal detention, fine,avoiding criminal penalties and using probation problem. At last, the author putforward three proposals to the measurement of punishment of the crime of dangerousdriving.