Research On New Dangerous Driving Offences

With the rapid development of the global and China’s national economy,the ownership of private cars in various provinces and cities continues to rise,and traffic accidents are also increasing.In 2011,the adoption and implementation of amendment 8 to the criminal law is the first time that the crime of dangerous driving has been defined as a criminal offence in China.The establishment of the crime has greatly prevented the occurrence of traffic accidents,which indicates that China is increasing its efforts to punish and combat dangerous driving.In 2015,amendment 9 to the criminal law has added new contents on the basis of the original amendment 8.This is the so-called “two excesses and one danger”new type of dangerous driving crime.At the same time,the main body of dangerous driving crime is no longer a single driver of motor vehicles.According to the data released by the Supreme Court,in the first half of 2019,the number of cases of dangerous driving crime far exceeded that of larceny,becoming the criminal case with the largest number of cases closed,ranking first.Due to the two new types of crimes(hereinafter referred to as the new dangerous driving crime,because compared with the increase in the eighth amendment of criminal law)in the Ninth Amendment of criminal law,the establishment time is short,and the judicial interpretation of this is very few,which leads to many problems in judicial practice when identifying the crime.Therefore,in view of the new type of crime of dangerous driving in the ninth sentence,there are still some problems that need to be further discussed.For example,the “school bus”engaged in school bus transportation business should not be limited to the scope of the concept of school bus in the regulations on the administration of school bus safety,but also include the "school bus" for students in the non compulsory education stage and the "school bus" for children in the pre-school education stage in the transportation kindergarten stage And the "school bus" for high school and college students.The black school bus should be the punishment scope of the crime.It belongs to the scope of passenger transportation in the crime of dangerous driving if it does not have an operation license.If there is "serious overload or overspeed" in the bus,it belongs to the scope of the crime of dangerous driving.It is necessary to regulate the behavior of serious overload or overrun of the truck and add it to the crime of dangerous driving.