Research On The Problem And Solution Of The Criminal Cases Of Dangerous Driving Motor Vehicles

On February 25,2011,the Standing Committee of the National People’s Congress through the criminal law amendment(eight),drunk driving this kind of dangerous driving behavior was upgraded as criminal acts,is the same as the other normative texts in the current legal system of our country.For the crime of dangerous driving,for example.The amendment to the criminal law bill for amendment(eight)norms of the crime express only: "on the road driving a motor vehicle chase compete drives,vile,or on the road of drunken driving motor,detention,and shall also be fined." A few words,neither of dangerous driving crime constitution elements of "drunk","vile" and other legal concepts explained clearly,there is no detailed provisions of criminal detention,fines and other penalties sentencing standards.According to the crime of dangerous driving behavior,this paper mainly discusses and analyzes the following four aspects:The first part is the typical case and focus issues.From the(drink)in recent years around the court concluded the drunk driving case in the selection of the three typical cases,including:(1)resistance to the prevention and treatment of alcohol concentration detection behavior;(2)recognition of drunk driving in standard,evidence and validity;(3)for drunken driving probation defined.The second part to the fourth part of each of the three types of common problems for specific analysis and discussion,provide a reference for the related problems encountered in judicial practice,and this case involved detailed analysis,conclusion,analysis.