Research On Difficult Problems In Judicial Recognition Of New Dangerous Driving Crime

The Criminal Law Amendment(9),adopted by the Standing Committee of the National People’s Congress in 2015 substantially amended the dangerous driving crime of Article 133 bis,adding the types of behavior,including those engaged in school bus business or passenger transport,serious overload or speeding,and violation of regulations in the transport of dangerous chemicals,while bringing into the scope of regulation the owners of motor vehicles who are directly responsible,and The administrator is clearly defined as the subject of crime.The perfection and amendment of the Amendment to the Criminal Law(9)has brought positive significance to the criminalization of these high-risk driving behaviors,and embodies the concept of the advance of the protection of legal interests in the criminal law.In order to distinguish the crime of dangerous driving from the crime of drunken driving and the crime of pursuing racing driving,this paper calls it the new crime of dangerous driving.Although the conviction and punishment of overloading,speeding and illegal transportation of dangerous chemicals provide a legitimate basis,the description of crimes in criminal law provisions is too general and vague,which brings some difficulties to the application of judicial practice.This article mainly elaborates and analyses the types and explanatory positions of the new dangerous driving crime,the key issues of judicial application of double-super dangerous driving crime,the key issues of judicial application of dangerous driving crime of illegal transportation of dangerous chemicals,and the key issues of judicial application of direct liability dangerous driving crime.With the advent of a risk society,it is reasonable and necessary to criminalize double-over and illegal transportation of dangerous chemicals,which can not be effectively protected by the Road Traffic Safety Law alone.The new type of dangerous driving crime is divided into three basic types,and its common problems are briefly introduced.To solve these problems,we should not simplify the formal interpretation,but take the attitude of substantive interpretation.School buses are not limited to compulsory education,including black school buses but not empty school buses and battery buses.Passenger transport does not require profit-making purposes.If overloading a bus does not constitute a dangerous driving crime,if speeding can constitute a dangerous driving crime,if overloading and speeding a net-appointed carin the operating state can constitute a dangerous driving crime,otherwise it does not constitute a dangerous driving crime.Including vehicles not licensed to operate,but excluding trains.Severe overstaffing and severe overspeed can be set in the relevant standards using the double mode of numerical plus percentage.This crime is indirect intent as the subjective offence of transporting dangerous chemicals in violation of regulations.There are typical cases of joint crime in this crime,among motor vehicle drivers,motor vehicle drivers and non-motor vehicle drivers,motor vehicle owners and managers can constitute joint crime.Transport of dangerous chemicals in violation of regulations should not be all criminalized,and the identification of endangering public safety needs to be judged in specific cases.The author holds that if the owner or manager of motor vehicle is a unit,the criminal responsibility of the relevant natural person should be investigated.The direct responsibility refers to the responsibility of management,supervision or restraint arising from the business management relationship or employment relationship between the owner and the driver.The theoretical basis of the crime of direct liability dangerous driving is supervisory negligence.