Research On The Judicial Application Of Overloading Dangerous Driving Crime

August 29,2015,the 12 th session of the National People's Congress Standing Committee 16 th meeting passed the PRC Criminal Law Amendment(ix),for dangerous driving crime added two types of behavior into the criminal law penalty scope,one type of behavior is "engaged in school bus business or passenger transport,Seriously exceeding the rated occupant carrying capacity or exceeding the specified speed." At the same time,for the owners of motor vehicles,the administrator of a new provision that "motor vehicle owners,the administrator of the third and fourth acts of the preceding paragraph are directly responsible,in accordance with the provisions of the preceding paragraph penalties." Due to overloading of dangerous driving behavior of the crime time is relatively short,in terms of understanding and law applicable to the level may exist some problems.However,due to the general applicability of law in the legislation can not be carried out in one by one,so the author tries to through this article on the overloading of dangerous driving crime of the judicial application of the issue of detailed elaboration and analysis.On the basis of the criminal sentence of overloading dangerous driving crime which has been in force nationwide,this paper analyzes the judicial application of overload type dangerous driving crime through the empirical research method.The article first carries on the statistical analysis to the overload type dangerous driving crime's overload situation,the defendant's status,the probation,the main punishment,the supplementary Punishment application condition,observes the overload type dangerous driving crime present judicial application situation.Through the empirical analysis,it is found that there are some problems in the judicial application of the crime of overloading dangerous driving,such as unclear conviction standards,the uncertainty of criminal responsibility of motor vehicle owners and administrators,the lack of specific standards for the imposition of real penalty,the application of probation and so on.The problem of overloading type dangerous driving crime is explained by case.According to the problems existing in the judicial application of the crime of overloading dangerous driving,a perfect countermeasure is put forward.First,unified the basic standards of conviction.From the clear "school bus business" and "Passenger Transport" range,not rigidly adhere to the "rated occupant" literal meaning,clear "serious" exceeding the rated occupant passenger standards,the system of criminal law interpretation,to avoid confusion with the approximate crime.Second,strictly identify the owners of motor vehicles,administrators of criminal liability.To accurately grasp the criminal liability of the owner and the manager of the motor vehicle,including understanding the connotation and extension of the vehicle owner and the manager,accurately identifying the direct responsibility and paying attention to the identity of the perpetrator.Third,clear the standard and method of sentencing the real penalty.The specific steps are: to determine the basic facts affecting the sentencing factors,to determine the base penalty and to form a declaratory sentence after adjusting the base penalty.The appropriate application of the Probation and Criminal Prohibition order.Including the correct understanding of "the criminal plot is lighter",the correct understanding of "no further crime",the proper use of criminal restraining order.It is hoped that this paper can help the judicial authorities in applying and understanding the crime of overloading dangerous driving,for the judge to provide a certain degree of reference in judging similar cases,and to make the same or similar judgments in the maximum extent possible and to enhance the authority of the law.At the same time,I hope that through this article to the legislature in the formulation of relevant legal norms to provide factual basis,to promote the corresponding supporting the introduction of judicial interpretation,in order to improve our criminal law to contribute a little modest.