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Review on the Crime of Dangerous Driving

Author: WangPei
Tutor: JiaJiDong
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Dangerous driving Traffic crime The crime of endangering public safety in a dangerous methods Criminal responsibility
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 0
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Abstract

With the sustained and rapid socio-economic development , China 's car ownership rising , developed in transportation bring convenience to people's lives , but also great risks to life and health and property security . Frequent traffic accidents have caused a greater threat to the people's travel and public safety . Which dangerous driving behavior in traffic accidents caused by always play an important role . The criminal regulation for dangerous driving accident cases in China before the introduction of the Criminal Law Amendment ( h) by a traffic accident crime and the crime of endangering public safety by dangerous means constitute dangerous driving crime difficult to characterize , but recently several typical cases the problems have become increasingly prominent . In the field of criminal law , dangerous driving crime shall be taken as a broad concept , and its criminal law should be defined as special attention to the subjective state of the perpetrator and the violations of specific legal interests . Traffic crime and the crime of endangering public safety in a dangerous way to distinguish between the subjective element of the perpetrator , that is, indirectly, intentionally or overconfident negligence . However , in actual cases of dangerous driving causing casualties , the subjective attitude of the perpetrator is often very difficult to make an accurate judgment . Therefore, starting from the current situation of the domestic legislation of dangerous driving behavior and typical jurisprudence , and to learn from other countries and regions of the theoretical research and practical results , provide recommendations perfect in the field of regulation of the Criminal Law . Accident behavior convicted of dangerous driving and applicable penalties theorists of three voices : First, the conviction and sentencing of the crime of endangering public safety ; second traffic crime , aggravating circumstances ; Third, additional dangerous driving to be regulated . This paper agree with the third point of view , the criminal law Modesty administrative means supposed to play a leading role in the regulation of dangerous driving behavior . Otherwise , management and control of dangerous driving behavior have not been exhausted , should be the basis of the existing laws and regulations , strengthen law enforcement , and take effective publicity , such as multi-sectoral linkage approach to three-dimensional control .

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