A Study On The Accomplice Of "Drunken" Dangerous Driving Crime

the problem of accomplice in the crime of "drunken" dangerous driving originates from the real problem in practice.The research on the accomplice of "drunken" dangerous driving crime should be solved according to the attribute of "drunken" dangerous driving crime and the basic standpoint of joint crime.From the attribute of "drunken" dangerous driving crime,"drunken" dangerous driving crime is a broad identity crime,not a real identity crime,and the actor without drunkenness can establish an accomplice of "drunken" dangerous driving crime.It is not committed by hand,and others can establish the indirect principal of the crime of "drunken" dangerous driving.The crime of "drunken" dangerous driving can only be an intentional crime,so it is necessary to discuss the accomplice of "drunken" dangerous driving.On the basic position of joint crime: first of all,the accomplice system of our criminal law has both the characteristics of differentiation system and the characteristics of single system,which is a dual system.This system determines that we should distinguish the types of accomplices in the crime of "drunken" dangerous driving,and we should also pay attention to the relationship between master and subordinate.Secondly,based on the principle of protection of legal interests,the proper punishment of accomplice is based on the theory of causal accomplice,and the contributor of the crime of "drunken" dangerous driving indirectly infringes upon the public safety of road traffic,which has the basis of punishment in the sense of criminal law.Therefore,the accomplice of the crime of "drunken" dangerous driving is established.Finally,according to the provisions of Article 25 of the Chinese Criminal Law,in view of the fact that there may be certain punishment loopholes in the joint theory of crime,we should support the joint theory of some crimes and deal with the crime of "drunken" dangerous driving on the basis of the common theory of some crimes.Although the crime of "drunken" dangerous driving is generally a misdemeanor,some of the accomplices of "drunken" dangerous driving still need to be regulated by criminal law.This paper consists of five parts:The first part introduces the existing precedent of the court on the accomplice of "drunken" dangerous driving crime,and then puts forward the related problems of the accomplice of "drunken" dangerous driving crime.This paper puts forward three major questions: whether there is an accomplice in the crime of "drunken" dangerous driving crime,the type of accomplice and the necessity of punishment.The second part mainly analyzes the important attributes of the "drunken" dangerous driving crime,and discusses whether the "drunken" dangerous driving crime belongs to status crime,personal crime,negligence crime and so on.It is pointed out that the "drunken" dangerous driving crime is not a "real identity crime",nor is it a personal crime or negligent crime.The third part discusses the basic position of the accomplice of the "drunken" dangerous driving crime,including the accomplice system(single principal offender system or distinction system),the punishment basis of the accomplice,the essence of the accomplice and so on.We should think that the accomplice system in our country is a "dual system",and we should adhere to the eclectic theory of causal accomplice and the common theory of some crimes.The fourth part mainly discusses the practical significance and legal necessity of punishing the accomplice of "drunken" dangerous driving crime,and responds to the viewpoint of opposing punishing the accomplice of "drunken" dangerous driving crime.The fifth part classifies the participation types of "drunken" dangerous driving crime,and discriminates and identifies the relevant cases one by one according to the characteristics of "drunken" dangerous driving crime and the basic position of joint crime.