The Theory Of Criminal Law Regulation Of The Dangerous Driving Behavior

From the Hangzhou 70 yard racing case causes the young life left early to the world, Sun Weiming drunk driving caused 4 Dead 1 injured in the tragedy, the popularization of cars not only give people convenience, improve the quality and level of life, unavoidable also cause some side effect, dangerous driving behavior is banned repeatedly more than, traffic accidents and casualties are high. The problems existing in the field of traffic and transportation, posed a huge threat to public security and citizen’s personal health, how to regulate the dangerous driving behavior, safeguard the citizen’s travel security, becomes suspends in front of the nation, the need to solve the problem.In the mass and the media appeal, in academic circles and judicial practice circles debate, our country in 2011 through the "criminal law amendment (eight)", officially by the criminal law of dangerous driving behavior of the regulation, coupled with the "administrative law" and the "civil law" the relevant provisions, at present our country in the legislative level has on the regulation of dangerous driving behavior formed an effective three-dimensional prevention and control system. There is no doubt that the dangerous driving behavior into the punishment, for the control and prevention of this kind of behavior, the maintenance of public security plays a positive control, in 2011 after May, drunk driving causes traffic accidents killed and injured rate decreased. But for dangerous driving behavior because of legislation in haste, without system, fully demonstrated, makes the law in actual application has some problems that cannot be solved effectively.This paper will start from four aspects elaborated on dangerous driving behavior of law related problems. The first part mainly introduces the concept and connotation of dangerous driving behavior and related crimes, and its difference and connection, so as to prove the dangerous driving behavior has the serious social hazardous nature, needs to use the criminal law to regulate the means.The second part mainly introduces our country’s criminal law to the dangerous driving behavior regulation situation. Conform to the citizens and the requirements of the public opinion, China passed the "criminal law amendment (eight)" in 2011, drunk driving and the pursuit of the two categories of competition act as dangerous driving behavior, the focus of this section clarifies the drunk driving and chasing the identification standard of competition driving behavior and the establishment of conditions.The third part mainly discusses the "criminal law amendment (eight)" on the dangerous driving crime law provided some of the problems, combined with the judicial present situation, to explore the root causes of these problems.The fourth part the author will combine their work practice, according to the regulation of criminal law of dangerous driving behavior of the village in the judicial practice problems, puts forward some opinions and suggestions, hoping to play the role of the perfection of criminal regulation of dangerous driving behavior.