A Comparative Study On The Criminal Law Judgement Of Cross-Strait Dangerous Driving Behavior

The occurrence of the first traffic accident for human kinds means that car has become a double-edged sword as a vehicle, which brings both happiness and risk. With the increasing car ownership, road traffic accident has become a public social hazard, which is also the main accident source of safety production. Among the four factors:man, car, road and environment, the accidents caused by factor "man" account for about 70%. Therefore, it’s of great significance to regulate the driving operations of drivers during the process of driving so as to promote driving safety and decrease traffic accidents. In this thesis, the dangerous driving crime in China Taiwan and the mainland is compared. The dangerous driving crime in China Taiwan is regulated and modeled on Japan and Germany, which is representative. While the dangerous driving crime in mainland is also of a unique style. On the premise of the similar cross-strait legal culture and legal thoughts, the mutual-absorbing and mutual-learning can contribute to the mutual-promotion.The thesis consists of three chapters. The first three chapters not only analyze the dangerous driving crime from the perspectives of the definition of dangerous driving, current legislation and judicial system and the relative theories but also describe and evaluate their similarities and differences, and then put forward suggestions. The concrete contents are as follows:The first chapter is the defining part of the dangerous driving behaviors, in which the administrative law regulations and criminal law evaluations of dangerous driving behaviors in Cross-Strait are introduced. There is no clear definition about dangerous driving behaviors in Cross-Strait and mainly some prohibitive provisions in administrative law regulations of road traffic are made.The second chapter is concerned about the Cross-Strait criminal legislation of dangerous driving behaviors. The specific provisions in the Cross-Strait criminal law of dangerous driving behaviors are illustrated and compared. In the mainland criminal law, it is regulated as dangerous driving crime, while it is regulated as the crime constituted by unsafe driving crime and illegal transporting explosive and nuclear materials.The third chapter is about the Cross-Strait criminal justice of dangerous driving behaviors. The typical criminal cases in the Cross-Strait dangerous driving are listed, and the theoretical knowledge based on these cases is analyzed. Based on three mainland typical cases, the following three questions are analyzed:the conviction of "vile" in chase race driving, whether drunk driving on district roads constitutes the crime of dangerous driving and the conviction of drunk driving super-standard electric vehicles. Furthermore, the theoretical exploration of the above three questions is respectively made. The quality and standard of unsafe driving are analyzed based on the differences in the convictions of drunk driving in China Taiwan. After a series of comparison in the author’s opinion, the behavior types of the mainland criminal law regulations of dangerous driving belong to the scattering list type, which does not have the effect of summery and are suggested to add in the elastic clauses.