The Determination Of Particular Roads In The Crime Of Driving Dangerously

Since the Amendment 8 of Criminal Law formally regulates the offense of dangerous driving,more and more people are getting sent to prison due to it around our country.Later,the Amendment 9 of Criminal Law makes the rule repaired and perfected by adding several new cases.From the legal point of view,those circumstances belong to the objective situation of the crime.In summary,the situation includes: drunk driving,chasing race,school bus and passenger car overrunning or over speeding and transporting dangerous chemicals.Although the criminal law has regulated the crime,different people have different opinion over the subject about "on the road" which is controversial.About this question,the identification of general type of road has reached a basic consensus while the identification of other special types of road which is the most controversial situation.For these special roads,the judge generally will identify it as the crime in the "road" in the trial.But it is worth considering that whether this approach has broken through the administrative law which is set before the criminal law and it is whether reasonable.Therefore,through the discussion of this article,the author intends to make a reasonable analysis of the status quo of judicial recognition,so as to explore the principle of internal criminal law when the special road is identified,and provide reference for legislation and justice.This paper mainly discusses the problem though setting the question,analyzing the problem and solving the problem.When it talks to analyzing the problem,this paper mainly focuses on the method of value analysis and the method of explanation.Specifically talking,the author will sort out the current situation of legislation and judicial status quo in the first,by combing the "road" identified the status quo,putting forward the existing problems.There is conflict when criminal law applying to the provisions of the administrative law,which led to the conflict between the status quo of legislation and judicial application.Secondly,the real cause of theproblem lies in the excessive protection of legal interests according to the author’s analysis.The prerequisite for this confusion is over protecting about the offense of the dangerous driving.So the author will analysis the legal interests of the crime.Thirdly,in the judicial trial about identifying the special road,the roads will usually be identified as the road of the crime which is beyond the original meaning of the law.This expanded interpretation involves the balance of the principles of criminal law,which involves the principle of the principle of legality and the choice of the principle of legal protection.So the author will describe the judicial practice of the value of the actual selection and then analyze the value of the judge which should be.Fourthly,after the discussion of the special road identified value analysis,the author will explore the rational path identified and analysis different types of road which will be feasible.Finally,through the above discussion,the author will find the disadvantages existed in our law and then put forward the relevant suggestions.As it can be seen from this paper,there is a conflict between legislation and justice in the determination of special roads and the conflict when criminal law applying to administrative law,which results in much problems.The problem is that judicial practice generally adopts an expanded method of interpretation to incorporate it into the scope of criminal penalties.This is choosing the principle of legal interests by abandoning the principle of legality.However,theoretically speaking,we should choose the principle of legality when the protection of public safety and the principle of legality of the crime of conflicts.Besides,we should give priority to the function of human rights protection when the human rights protection function of criminal law conflicts with the legal protection function of criminal law.