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The Analysis of Criminal Regulatory Rules of Dangerous Driving Behavior

Author: TanZuo
Tutor: TangShiYue
School: Hunan Normal University
Course: Criminal Law
Keywords: Dangerous driving behavior Drunken driving Speeding Driving without a license Driving motor vehicles that do not meet safety standards
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 237
Quote: 1
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Abstract


Additional offense of dangerous driving is a hot topic in academia. The lack of a clear definition of dangerous driving behavior, resulting in judicial practice of such acts identified in the sin, the selection of offense there are some difficulties. To solve this problem we must first clear the connotation and extension of dangerous driving behavior. Deemed hazardous driving behavior should be emphasized to the following aspects, whether the driver's driving behavior to public traffic safety a real threat; driving behavior is a violation of the developed countries for the protection of road traffic safety laws and regulations; 3, driving behavior, whether it occurs in the field of public transport. Specifically, dangerous driving behaviors include the following types: drunk driving behavior, speeding, driving behavior after taking drugs, driving without a license behavior, driving behavior does not meet the safety standards of motor vehicles, overloading and in retrograde traffic areas, red light running such as the implementation has great public transport security risk behavior. I believe that the above definition of dangerous driving, dangerous driving behavior, specifically dangerous driving behavior including the following types: drunk driving behavior, speeding, driving behavior after taking drugs, driving without a license behavior, driving do not meet safety standards The implementation of the behavior of motor vehicles, overloading and in retrograde traffic areas, red light running a great risk behavior on the public transport safety. In foreign countries, drunken driving, speeding, drug driving, driving without a license, driving do not meet the safety standards of motor vehicles and dangerous driving behavior basically included in the scope of criminal law governance, targeted provisions corresponding charges. Common law countries, most of these provisions specific potential damage offense, once they have been implemented either cause objective harm results constitute a crime. Civil law countries, most of the provisions of these acts result of guilty, only in serious consequences caused serious injury or death when used criminal law penalties. Therefore, in order to solve the plight of the criminal law governance dangerous driving behavior fatigue, should reform the existing offense of dangerous driving. The definition of the offense of dangerous driving can be expressed as: motor vehicle drivers who intentionally breaches of road safety regulations, drunk driving, drug driving, speeding (including the chase competitive driving), driving without a license, driving do not meet the safety standards of vehicles and heavy traffic region through a red light, retrograde, which has serious consequences, endangering public traffic safety behavior. In the sins identified, the adoption of behavior worthless theoretical point of view, a subjective state of mind of the perpetrator of the driving behavior, finds its form of sin. Due to drunken driving, chase competitive driving, drug driving, speeding, driving without a license, etc. Once the implementation of the community public safety pose a great threat behavior, so the Forms of Crime can only be defined as intentionally. The newly created objective aspect of the crime of dangerous driving should learn from foreign legislative model drunken driving, speeding, drug driving, unlicensed driving and driving of motor vehicles that do not meet the safety standards of these types of the typical dangerous driving behavior are included in the regulation of dangerous driving areas. And dangerous driving designed specifically Potential Damage, no real harm results necessary element. In addition, the creation of a certain period of time or a driving ban for life the qualifications criminal penalty for the crime of dangerous driving configuration, in order to better achieve the prevention of such crimes.

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