The Legislative Perfection Of Dangerous Driving Crime

The dangerous driving behavior itself has the danger not only in the individual level of the actor,but also cause severe casualties and property losses in our society.Accordingly,dangerous driving behavior has always been an important part of the prevention and control of road traffic crime in China.The amendment to the criminal law has been promulgated successively and the judicial interpretation of the Supreme People’s court and the Supreme People’s Procuratorate has been issued successively,which has a certain deterrent effect on dangerous driving behavior.Drunk driving and racing are also controlled to some extent in various parts of the country.However,the disputes about the punishment and perfection of laws and regulations on dangerous driving behavior in academic circles are still in the same period.Based on the analysis of the necessity and process of legislation on dangerous driving crime,this paper analyzes and discusses the problems and defects exposed in the practice process,and seeks to find the perfect path of the crime at the legislative level.The article is divided into three partsThe first part: the introduction of dangerous driving crime.This part mainly refers to why legislation is necessary,that is,legislation.The main reason is that dangerous driving crime is punished by two levels: the realistic reason and the theoretical reason.Second,it introduces the legislative process of dangerous driving crime in China,from the initiation of formal punishment to the amendment of two amendments and related judicial interpretation based on the new problems in practice.The second part: the legislative reflection on the crime of dangerous driving.This part systematically demonstrates the deficiency of the crime of dangerous driving in legislation from three aspects: the regulation scope,penalty allocation and the expression of law.One is that the crime of dangerous driving is not designed reasonably and the provisions are not clear,which leads to its limited scope of regulation;secondly,the criminal law is not scientific,because of the defects of criminal detention penalty itself and when it is applied with other penalty,it often leads to the inconspicuous regulation effect and the penalty can not give full play to the role of fine punishment.Finally,the article of dangerous driving crime is not clear,for example,the ambiguity of the definition of "bad circumstances","road","motor vehicle" and "drunk driving" can easily lead to Misreading in judicial cognizance.The third part: the legislation of dangerous driving crime is perfect.This paper,considering the necessity and evolution of the legislation of dangerous driving crime,fully reviews the current legislation,and puts forward three suggestions for the legislation of dangerous driving crime in the future.First,expand the scope of application of dangerous driving crime,on the one hand,enrich the types of dangerous driving behavior.The behaviors with the same risk as the criminal behavior confirmed by academic circles and judicial practice should be included in the scope of criminal law.On the other hand,ships,trains and aircraft should be the applicable objects of dangerous driving crime because of their social danger.Second,it is to clarify the relevant legal provisions,such as how to divide the specific scope of "the plot is obviously minor harm is not big",the standard of chasing "bad circumstances",the special prosecution time limit,and the punishment of increasing the consequence form of dangerous driving crime.Third,adjust the penalty setting of dangerous driving to achieve the balance between crime and punishment.