| As economy developed rapidly in China, the car has entered into family lives. With the advancement of technology, automobile manufacturing level continues to improve, the cost of the car gets closer to the people, the car has entered the homes of ordinary people, while the popularity of motor vehicle safety risk to the public of life is for all to see. In 2009, Hangzhou,Hu Bin "5 ? 7 drag racing case" and Wei Zhigang "8 ? 4 Traffic Accident" are racing behavior lead to serious consequences casualties occurred two cases actively promoted the Chinese for dangerous driving behavior criminal legislation. "Criminal Law Amendment(eight)" established dangerous driving, driving behavior will be incorporated into the Penal Code chase competition regulation. Developed countries and countries with high car popularizing rate, legislation regulation of dangerous driving behavior is relatively complete and norms, our country can analyze and learn to regulate and improve the criminal legislation and judicial practice of dangerous driving. Chase race driving means on public roads, the vehicle driver intentionally serious violates the safety of life and property but the case has not yet caused major casualties consequences. Competing chase limited driving range of locations on the roads which traffic safety law defined. I do not agree with this view, the criminal law should regulate the location of the scope of substantive judgment, should regulate specific environmental which will be a threat to the lives of most people’s health and significant property damage, as well as how much the existence of such a possibility is. There is no causal relationship between chase-race driving and speeding behavior. Speed is only one judgment standard of the degree of risk, not the focus of competing driving behavior. We must be combined with traffic, roads and the environment into account, the level and extent of the danger is the relative velocity. Competing chase vehicle driving motor vehicles include not only the law defined, but also include non-motor which is identified as motor. Chase-race distinguish dangerous driving and driving traffic crime place mainly between the range of subjective and state of mind occurs; chase-race driving type of dangerous driving and crime of endangering public safety in a dangerous way has been crossed in the field of road safety, but the two have essential difference in behavior attributes, such as the subjective state of mind and the harmful consequences. The constituent elements of this crime :the main crime is to have the right to judge right and wrong can control their behavior, age range at 16 years of age or more; subjective aspect of this crime is an indirect intentional; objective elements of road traffic safety, including within the scope of public roads, the majority of people are not specific and significant personal safety and property security; objective aspect of this crime is the perpetrator to drive a motor vehicle as pursued ways, the plot reaches terrible level. Accomplice in the form of this crime are mainly Perpetrator, instigator, helping guilty and intimidation committed. Legislation lags lead to "vile," the concept of fuzzy, different standards, resulting in difficulties in judicial practice and practical operation, Judicial determination at this stage needs to grasp from the subjective and objective aspects, the scope of ambiguity led directly to the dispute and judicial practice lag, recommended to be clear by the introduction of judicial interpretation, followed by the regulation is limited to the scope of this crime as two dangerous behaviors, legislation should consider expanding the scope of the crime, and the correction of crime description changed with clear boundary, in addition to, the penalty set also needs to be further optimized. |
PDF Full Text Request