Study On The Judicial Determination Of Dangerous Driving Crime

From the establishment of the Eighth Amendment to the Criminal Law in 2011 to the expansion of the Ninth Amendment to the Criminal Law,the crime of dangerous driving has a direct impact on people’s lives.In addition to drunk driving into the penalty,there are other dangerous driving behavior can also be sentenced.Dangerous driving sin in recent years,the application of the basic become the largest number of charges,all crime in theory and practice of its judicial cognizance,different sounds are still,because of certain aspects is also no clear judicial interpretation,it caused the scholars point of view of a statue of situation,it is so great that the utilization rate shouldn’t fall into the predicament of the recognized difficult and controversial.In order to eliminate the differences of views and provide a unified application basis for judicial practice,this paper combs the relevant existing theories and discusses the controversial issues again in view of the latest application status of the crime of dangerous driving: First,the identification of constituent elements.According to the traditional four-element theory construction,the object,objective aspect,subject and subjective aspect of the crime are analyzed respectively,and the object of the crime is identified as the road traffic management order and road traffic safety.According to the key words expressed in the crime,it is analyzed and identified objectively.Non-drivers can be the subject of the crime and be punished for doing illegal things while drinking.The subjective aspect of this crime is indirect intention.The second is the relationship between crime and non-crime,to explore the boundary between this crime and relevant administrative punishment,to deny the view that drunkness should be included in the crime,and to propose to improve the application rate of pursuing and driving dangerous driving into the crime.Explore the boundary between this crime and that crime,clarify the boundary between this crime and the crime of causing traffic accident and the crime of endangering public security by dangerous means.The third is the criminal form of the crime,this paper thinks that the crime exists in the form of attempted,against the traditional theory that there is only the form of completed crime.