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Analysis of the Cirme of Dangerous Driving

Author: LiangYong
Tutor: DaiYongCai
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Dangerous driving crime Constitution of a crime Difference Penalty factor Perfection of legislation
CLC: D924.36
Type: Master's thesis
Year: 2012
Downloads: 27
Quote: 0
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Abstract


On25.Feb,2011, the nineteenth meeting of the Eleventh National People’s CongressStanding Committee passed the Amendment VIII to the Criminal Law of the People’sRepublic of China, which proved to bear great importance to both our criminal justicepractice and our criminal theories. With the development of our economy and the sharpincrease of the number of automobiles in our country, China has developed into the top one onthe production and sale of automobiles in the world, along with some problems concerningsocial security. Increasing traffic accidents including many fatal ones caused by drunkendriving, chase driving, etc have seriously threatened people’s security. The Criminal Law ofthe PRC, as the last usable legal instrument guarding the society, shall exert its due effortwhen such behavior could no longer be warned or rectified by administrative rules andregulations. Therefore, dangerous driving has officially been classified into the adjustingrange of the Criminal Law. This thesis will fix on some problems concerning the crime of dangerous driving through analyzing the definition and features of this crime as well as itsdifferences and similarities compared with other crimes. Some suggestions concerning thepractice of justice and reasonable measurement of penalty are intended to be put forward.This thesis includes the following six chapters. Chapter one is a necessary analysis ofregulating dangerous driving behavior by the Criminal Law. The great social harm ofdangerous driving and insufficient regulating measures can not lead to widespread restrictionof such behavior; therefore, it has increasingly become a social necessary to resort to theCriminal Law. As is known, legislation should base on social necessary, so dangerous drivinglisted in the Criminal Law is also the objective reflection of the social necessary. This partmainly has three stanzas, the first section of the paper describes the social and economicconditions have second bars, described in the previous administrative regulations on drunkdriving and dangerous driving behavior adjustment is not effective enough, third sectionexplains our country culture background.Chapter two discusses the necessity and importancefor us to widely draw other countries’ rich experience concerning legislation of dangerousdriving, which proves to bear great importance for improving our legislation and the practiceof justice by comparing their legislation of Criminal Laws and that of ours. This section has three sections, the section focuses on the foreign criminal law, risky driving behavior as asingle charge to handle, second section focuses on dangerous driving behavior by the othercharges, the third section is the summary of foreign law.Chapter three analyzes the definitionand key components of the crime of dangerous driving. This section mainly on dangerousdriving crime subjective aspect and objective aspects of the analysis.Chapter four discussesthe differences and connections of the crime of dangerous driving and other crimes, and thekey lie in the differences and connections among the crime of dangerous driving, trafficaccident crime and by the dangerous method harm public security crime.This part into twosections, the first section is on dangerous driving crime and dangerous to approach the crimeof endangering public safety connection and difference of the exposition, the second section ison dangerous driving crime and traffic accident crime difference description Chapter fiveconcerns the standard of the measurement of penalty of dangerous driving crime. This part ismainly to me about dangerous driving crime conviction and sentencing factors needed to beconsidered in the paper.Chapter six brings forwards some suggestions for the furtherimprovement of the legislation of dangerous driving crime. As a newly set crime, it is quiteessential to realize appropriate sentencing of the crime. All the parts of the country shall try tounify the standard. Meanwhile, the rule that the punishment must always fit the crime is also applicable on this crime. The first section is mainly about law counts described suggestions,the second section is the criminal enrichment suggestions.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Detrimental to order of social administration
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