Reflection On The Dilemma Of Dangerous Driving Into Punishment And System Reconstruction

In order to respond to the common concern of the public,the dangerous driving behavior has been brought into the criminal regulation from the general administrative penalty.In the past nine years,citizens have gained a broad understanding of such dangerous driving behaviors as drunk driving.According to the situation in the sample area H,dangerous driving cases generally have these characteristics: high crime rate,obvious occupational characteristics,prominent problem of accomplice,unbalanced judgment,etc.Comparing with the initial period,the total number of cases decreased,but there was no significant decline.On the one hand,each place is different in terms of the standards which is the circumstances of conviction and sentencing.Every year dangerous driving cases have been a stable source of cases.However,the proportion of the sentence suspended in the overall case is high.The actual effect of the case is not prominent,and the total number of people subject to criminal punishment increases;On the other hand,although dangerous driving is punishable by punishment,but the existing supporting system in China is not fully designed to solve the problem of criminal record for minor crimes such as dangerous driving,which leads to the increasing number of criminal record.The harvest of dangerous driving in the practical judicial application process is in sharp contrast with the corresponding judicial input and the secondary livelihood problems arise therefrom.These can not produce the magic effect of severe punishment deterrence if we only simply criminalize the behavior of dangerous driving.It is impossible to realize the effective management of dangerous driving when the corresponding supporting mechanism is not perfect.Therefore,we have to comprehensively consider the original intention of dangerous driving penalty from the perspective of history and practice: a large number of malignant traffic accidents caused by dangerous driving which make it necessary to punish dangerous driving,and it is expected that criminal punishment will curb such behavior.At the present stage,China’s criminal law will cause serious traffic accidents due to dangerous driving,as an aggravation of the circumstances of the punishment.Its punishment is far from "intentional injury" and other crimes.The problem of insufficient law enforcement resources persists.The enforcement of the law on administrative penalties for dangerous driving is small,and the law on road traffic safety only begins to increase the enforcement of administrative penalties on the eve of the introduction of the penalty for dangerous driving.After the introduction of the penalty for dangerous driving,the substantive problems have not really changed.Reference to the law mechanism from Germany,Japan,and the United States,reflects on the lack of legal regulation of dangerous driving behavior in our country.The adjustment of administrative punishment according to the types will strengthen the administrative law enforcement,and build crime of illegal behaviors in scattered settlement mechanism.we perfect the system of criminal record elimination and determine sentencing criteria and break through the relief system of sentencing imbalance and so on.These are exploring the dangerous driving on the balance of the administrative law enforcement and criminal justice realization path.