Application Of Law About Dangerous Driving Crime And The Completion Of System

With the rapid development of the economy,the traffic in urban areas has been connected closely with rural areas.Motor vehicles have become the main transport tool in our daily life.Dangerous driving threatens public and personal safetyevery time.As a large nation for producing and selling of motor vehicles,dangerous driving has produced serious traffic accidents.In order to cope with the above security risks,China has adopted the legislative measures to actively respond to the Criminal Law Amendment8,attaching dangerous driving into criminal law and formulating drink driving and drag-racing into it.TheCriminal Law Amendment9 expands above-mentioned accusations and involves double super crime(overspeed and overman)and illegal transport of dangerous chemicals crime into it.Unfortunately,drugged driving has not be regulated,causing constant controversy between academic circles and theoretical circles.There are many problems to be researched and completed in the process of judicial application and institutional system.In addition to the introduction and conclusion,the content of this paper is divided into three parts: The first part is the background of theoretical support and systematic requires of establishing dangerous driving,mainly elaborating the background and theoretical basis of the admendmentsto the Criminal LawAmendment8 and the Criminal Law Amendment 9 on the present condition and existing problems on legislation.The second part elaborated concretely the shortcomings of dangerous driving on the current legislation and combined the theory of four elements that constitute a crime to analyse what constitutes “the drunk driving”,“drag racing”,“ double super(oberspeed and overman ”),to arguesomerevelant notions and to clarify the limitations about whether constitute a crime and thiscrime and that crime to discuss some problems existing in the judicial application.The third part is the decision of dangerous driving on legislation to suggest setting “drug driving”into the sentence and analysing and prejudging the judicial problems after the drug driving was incorporated into Criminal penalty.