The Affirmation Of Crime Of Dangerous Driving

With the penetration of risk society theory into various fields,the feedback strategies of various industries with "risk" as the main target are increasing rapidly.Reflected in the field of law,the theory has promoted the study of dangerous criminals to improve day by day,and the legal practice has revealed,and is expected to make up for part of the crime of incomplete characterization of the appropriate basis.Refinement in the criminal law,risk social theory radiation under the dangerous crime theory crime is typical in the illegal driving behavior caused by various types of traffic crimes.The crime of dangerous driving added in the Criminal Law Amendment(8)is naturally a timely adjustment to the social panic caused by serious traffic accidents.The more profound theoretical basis behind it is the choice of advance intervention of criminal behavior supported by danger theory.One of the most noteworthy is the Criminal Law Amendment(8)to the pursuit of race behavior regulation.Although the addition of this regulation to a certain extent in response to the traffic management department to crack down on illegal driving,but also to help achieve certain results,but in practice more and more do not want to "chase the race" pattern also let the academic community have to reflect on some of the behavior in the return to the situation of some legal disputes and institutional loopholes.From the pursuit of competitive driving into the scope of administrative penalties in 2004 to the adoption in 2009 of the Supreme People's Court's Views on the Application of the Law on the Crime of Drunken Driving to the scope of criminal law on the crime of dangerous methods against public safety,finally in 2011 by the People's Republic of China Criminal Law Amendment(8)explicitly updated as an independent criminal act,dangerous driving as a traffic crime and "dangerous methods against public safety" crime,which led many scholars to think about this problem: dangerous independent crime of driving according to the crime.Methods The crime of endangering public safety is compared with whether the penalty of chasing and racing under the crime of dangerous driving after the crime of independence is abnormally light and serious.In view of such disputes in academic and judicial practice and judicial practice,combined with the reaction of the current pursuit of competitive driving behavior to the theory of danger,this paper analyzes the pursuit of competitive driving with "dangerous crime" as the starting point,and distinguishes it from the related crimes such as arson,water determination,explosion,dropping dangerous substances,drag racing and so on.In the first part of the article,based on the study of the hazard constitution system in Germany and Japan,the article discusses the way of judging the danger of concrete and abstract dangerous criminals.The second part of the article follows the first part of the thinking,in the macro-contrast of the extraterritorial dangerous driving crime of the premise of dangerous characterization,based on China's national conditions of the dangerous characterization,identified as abstract dangerous crime.In the third part,the section analyses the role of "bad circumstances" in the legal provisions of "chasing the race ".After clarifying the similar terms and theories of "plot "," plot offense" and "plot offense ",it is concluded that " plot offense " in pursuit of race is not an aggravating circumstance crime,but one of the conditions for the establishment of the crime.Based on this paper,the specific situation of "bad circumstances" in the pursuit of competitive driving is roughly from road environment,motor vehicle condition,driving condition and danger.The harmful consequences are explained.In the fourth part,the author analyzes the dangerous elements of dangerous crime from the point of view of its constituent elements,and discusses the difference between the pursuit of competitive driving and the crime of endangering public safety by dangerous means.After combing the dangerous elements and their types,taking the criminal law of Taiwan area of our country as the contrast,it is clear that the dangerous element of chasing the race driving behavior is "causing abstract danger ",taking the dangerous element of the crime of endangering public safety by dangerous method as " causing public danger ",and proving the pursuit of race driving and endangering public safety by dangerous method from objective behavior level and subjective level The difference of crime and other related criminal acts proves the rationality of the pursuit of driving independently to become a crime and sentencing.The fifth part analyzes and discusses the problem of the criminal form,the joint crime and the number of crimes in pursuit of competition from the point of view of the difficult problems already and may arise in the application of the law.From the aspect of crime form,we should adhere to the principle of unity of subjective and objective,combine the purpose of protecting legal interests can not generalize,but the determination of accomplished and attempted should be combined with the judgment standard of abstract dangerous crime and plot crime.From the joint crime level,according to the "act together ",the accomplice who pursues the race has the condition Analysis is routine and has its specific direction of consideration in some special cases.From the point of view of the number of crimes,the nature of the act of chasing racing determines that it is a single act,and the bad circumstances as the consideration category of the circumstances of the conviction does not affect the number of crimes of the act,but in judicial practice,chasing racing is easy to appear in other related crimes of the competing situation,combined with the third part of the article and the fourth part of the discussion can also be concretely resolved.From macro to micro,this paper discusses the pursuit of competitive driving behavior as a specific object,with a view to radiation to a wider range of related traffic crime fields,so as to solve some academic and judicial circles' hesitation to the crime,and finally to the study of traffic criminal law.