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Dangerous driving research

Author: CaoXiaoZuo
Tutor: HePing
School: East China University of Political Science
Course: Legal
Keywords: Dangerous driving Judicial determination Legislative proposals
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 1482
Quote: 2
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Abstract


Since 2008, cases of drink driving, drag racing and other dangerous driving behavior caused heavy casualties appeared frequently, the results of the treatment of similar cases are quite different. For a time, dangerous driving behavior to become experts and scholars, the network media, public hot topic. In response to the dangerous driving behavior, the Supreme People's Court on September 15, 2009 Kusakabe issued \Submitted to the consideration of the Standing Committee of the National People's Congress on August 23, 2010 Criminal Law Amendment (h) \Ended when the author of the final pen, the draft still listening to the views of stage, this study based on the draft, but not limited to, the provisions of the draft. This article first four chapters of the elements of the crime of dangerous driving. I believe that the object of the crime of dangerous driving traffic order and safety. That the objective of the offense of dangerous driving, dangerous driving behavior must occur in the management of public transport within the. Dangerous driving performance is a dangerous state and behavioral risk are two types, including state hazardous typical performance for drunken driving; the Behavioral Risk typical performance for drag racing. Amendment VIII \Firstly, that the motorists on the main body of the offense of dangerous driving, constitute the general subject of the sin, the same time that the instruction compel illegal in certain circumstances can become the main body of the offense, vehicle, drinks providers generally do not should be the main body of dangerous driving crime; Meanwhile, we can use to look forward to the possibility of theory to explain drunkenness shall bear criminal responsibility. Subjective aspect of the offense of dangerous driving, from the multi-angle discussion that the subjective aspect of the offense of dangerous driving was intentional. In Chapter 1 of this article, the author, from the point of view of the judicial practice, research dangerous driving Zuiyufeizui, and focuses on the crime of dangerous driving and traffic crime, the distinction of the crime of endangering public safety. In the sixth chapter of this paper, the author first offense of dangerous driving on the \; \Secondly, the author of the crime of dangerous driving suggestions for improvement, and that to the dangers of drug driving and drink driving, drag racing, and therefore can be used as a form of dangerous driving; refused alcohol test cases, can refuse an alcohol test acts as aggravating circumstances; particularity for the offense of dangerous driving, you can modify eligibility punishment of the crime of dangerous driving, increased deprivation of driving, limit driving.

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