Research On The Charge Of Dangerous Driving

In violation of the traffic management order,the perpetrator conducts driving behaviors that seriously endanger public safety,such as racing driving,drunk driving,speeding and overloading,and illegal transportation of dangerous chemicals.Dangerous driving behavior is included in the scope of criminal law regulation because it infringes on traffic and transportation safety,threatens the personal and property safety of the road and the surrounding non-specific public.The charge of dangerous driving is of great significance to curb the serious road traffic accidents and further improve the criminal law system of our country.Although the charge of dangerous driving has been a crime for several years,there are still many problems in the theoretical circle and the judicial practice circle.On the one hand,the basic concepts and constitutive elements involved in the charge of dangerous driving need to be further clarified,and the objective and subjective aspects of the charge of dangerous driving need to be clarified;On the other hand,in the judicial practice,how to accurately identify the four categories of dangerous driving including racing driving,drunk driving,speeding and overloading,and illegal transportation of dangerous chemicals,and how to correctly distinguish the boundaries between the charge of dangerous driving and the charge of endangering public safety by dangerous methods and the charge of traffic accident,and how to identify the joint crime offense of the charge of dangerous driving under the existing criminal law framework have become urgent problems to be solved.The solution of the above problems is directly related to whether the charge of dangerous driving can exert the deterrent power of the criminal law and effectively curb dangerous driving behavior.In view of the above problems,this paper focuses on the charge of dangerous driving,and discusses it from the following four aspects.The first part,by clarifying the basic concepts of the charge of dangerous driving and analyzing the legislative background of the charge of dangerous driving,lays the foundation for the understanding of the original law of the charge of dangerous driving and the further study of the charge of dangerous driving;The second part focuses on the constitutive elements of the charge of dangerous driving,and discusses the external form and substantial content of the dangerous driving behavior,namely the object of the crime,the objective aspect of the crime,the subjective aspect of the crime and the subject of the crime,so as to make preparations for the judicial identification of the charge of dangerous driving;The third part analyzes the crime and non-crime of the charge of dangerous driving and clarifies the boundary between the charge of dangerous driving and related charges by combining the existing judicial cases;The fourth part,on the basis of discussing the existing legal defects of the charge of dangerous driving,puts forward suggestions to improve the legal system of the charge of dangerous driving.