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Some Problems of dangerous driving

Author: LuoHongPing
Tutor: PengJiHong
School: Southwest University of Political Science
Course: Legal
Keywords: dangerous driving crime drunken driving abstract dangerous criminal legal application 13 the proviso to avoid conviction
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 296
Quote: 0
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Abstract


On May 1, 2011, since the implementation of the eighth amendment of criminal law, in judicial practice, appeared a few new cases, article 133rd of the criminal law of the first law is applicable to the problem caused by the judicial departments and academic circles of great controversy, under this background, this article with the help of Guangxi Liuzhou city the first case of drunk driving case on the controversy and the focus problem spreads out discuss, analysis, in order to clear the legal application of the crime of dangerous driving, on the judicial practice department dealing with similar issues to provide advice on the choice of the paper consists of four parts, the basic contents are as follows:The first part: the case of. Actor Chen Zhanhui in May 1st 1 when make, since the three Liuzhou city road vicinity to Liuzhou city Liunan District Fei Ngo Shan Road" new king" entertainment club door sections of drunk driving mini bus, was stopped by police on the spot with alcohol detector, Chen Zhanhui of the accused were blowing test, showed a blood alcohol concentration of 211.8mg / 100ml. Subsequently, the traffic police will Chen Zhanhui of the accused person to extract their blood samples by Liuzhou Third People’s Hospital, to Chen Zhanhui’s blood samples for qualitative and quantitative detection of ethanol, the alcohol content in the blood for 220mg / 100ml.Part second: the case of disputes and disagreements. The focus of this case lies in how to recognize Chen Zhanhui’s drunk driving behavior and the nature of crime if constitute a dangerous driving should be what kind of punishment.The first view, Chen Zhanhui ’s drunk driving behavior constitutes crime of dangerous driving, shall be imposed on the " detention, a fine" punishment; the second view, Chen Zhanhui’s drunk driving behavior does not constitute a dangerous driving crime; the third view, Chen Zhanhui’s drunk driving behavior constitutes crime of dangerous driving, but it should not detention, fine, according to the criminal law thirty-seventh stipulation, the applicable" conviction to avoid" the non-criminal punishment measures.The third part: cases involving the legal analysis. This part is the core content and focus. First of all, on dangerous driving crime legislation purpose. Dangerous driving crime crime is in line with the development trend of criminal legislation, the criminal law in the risk society need early intervention in order to achieve the benefits of early protection, and does not violate the criminal law modest principle, can strengthen the national consciousness of rules. Secondly, analysis of the dangerous driving crime, that drunk driving risk driving offense the basic offense is abstract dangerous criminal, the subjective guilt is only intent is not possible fault, dangerous driving aggravated offense of crime of the crime form can be deliberately can also be negligent. Again, on the article 133rd of the criminal law the judicial problem offerred his view, think about abstract dangerous criminal cognizance of abstract dangerous type of judgment," the plot is significant for minor and the harm is not great", can be directly according to Article thirteenth of the criminal law but a sin; for" minor does not require punishment.", can be directly according to Article thirty-seventh of the criminal law on the behavior of people convicted of pardon.The fourth part, the conclusion of the study. To the processing of this case conclusion, think, comprehensive case, should be recognized Chen Zhanhui’s act constitutes a crime of dangerous driving, but should be free from criminal penalty.The law is not the object of ridicule, for dangerous driving offenses arising from disputes and differences, the academic circle and judicial practice department should make the greatest efforts for dangerous driving crime fully related research, to make a reasonable explanation.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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