Study On Drunken Dangerous Driving Crime

With the continuous development of social economy,the number of motor vehicles on the road continued[is continuing]to increase,and some of the behavior of[some behaviors that]people driving habits such as drunk driving and other traffic accidents.In view of this,our country promulgated the "Criminal Law Amendment(8)"(which)added the crime of dangerous driving charge and included into the scope of the criminal law in 2011.This initiative of the legislative responses to the public for the urgent voice of road traffic safety.In addition,the drunk driving added the law also showed that Chinese firm attitude to punish the dangerous driving behavior which provided a strong legal protection for the public,and was also in line with the spirit of modesty of criminal law.December 2013,Chinese Supreme People's Court and the Supreme People's Procuratorate issued a documentary,which was named "drunk driving motor vehicle criminal cases on the application of a number of issues of legal opinion" together.And the "opinion" enriched the content of the criminal law of drunk driving behavior,which also reflected the judicial practice of advancing with the times.However,with the deepening of judicial practice,gradually exposing some of the places still to be improved.At present the theoretical and practical issues still exist in the drunk driving type of dangerous driving crime is a dangerous crime or a crime,the scope of roads and motor vehicles should be how to define the subjective offense is directly intentional or indirect intent,or And "drink driving" as "dangerous behavior" should be classified as"non-division of circumstances conviction" category-the reason is that the situation will involve how to determine the nature of major traffic accidents.This paper consists of introduction,text and conclusions,which consists of the following three parts:The first part is mainly to clarify the theory of crime,from the subject and the subjective and objective and objective of these four elements of a preliminary analysis of the same time,the judicial practice of the existence of some of the controversial points and put forward their own views.According to "Criminal Law" Article 13 "proviso" to explore whether the drunk driving into the crime should be made comprehensive consideration to judge "the circumstances were significantly minor" comments and suggestions.The second part is mainly about the basic concept of "dangerous crime" in the criminal law,and puts forward his own views after the three main points of view of the current theoretical circle.The dangerous crime is further divided into the concrete dangerous crime and the abstract dangerous crime,and the concept analysis and comparison,and then the nature of the behavior of drunk driving is determined as the abstract dangerous crime.The third part is mainly for the driving offenses involved in driving offenses and other related criminal offenses,through the same as the "Criminal Law" sub-chapter ? of the contents of the analysis and comparison,sorting out the difference and links,the three crimes Applicable limits for a comprehensive analysis.