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Research on Dangerous Driving Behavior’s Rule of Law
Author: YuXueHua
Tutor: ShenLiang
School: East China University of Political Science
Course: Criminal Law
Keywords: Dangerous driving behavior Traffic crime The crime of endangering public safety in a dangerous way The crime of dangerous driving
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 568
Quote: 3
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Abstract
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In recent years, with the improvement of people's living standards, the car has entered the homes of ordinary people, at the same time, all kinds of dangerous driving behavior caused by traffic accidents also will continue on the upward trend. Such cases of dangerous driving, not only seriously infringed on citizens' lives, health and property safety, and caused serious harm to the public safety of the community. Our current criminal law for such dangerous driving behavior, lack of relevance and the strength of legal norms, resulting in dangerous driving criminality of the case of the illegal cost is too low, so that such traffic cases repeated, and there is a growing trend . Firstly, start from the place in recent years several typical cases of dangerous driving, analysis of such cases caused serious harm to society, then put forward the theoretical basis for the dangerous driving behavior should be included in the criminal adjusted. Secondly, the paper describes the current situation of dangerous driving behavior of legal regulation system, and prescribed outside on drinking driving behavior of punishment contrast, pointed out that the problem of dangerous driving behavior punished by the presence of: the main is drinking, drunken driving motor vehicles identification standard than other countries put too wide; legal accountability of dangerous driving behavior is too light; discretion standard all over the country for drunk driving penalties, application of law is not uniform; drink driving in China should bear the liability provisions imperfect; crime of dangerous driving behavior, this law set is still missing. Subsequent analysis of the conviction and sentencing of dangerous driving behavior difficulties, conviction and sentencing standards for dangerous driving behavior is difficult to unity, dangerous driving behavior is intentional or negligent difficult to distinguish, which leads to dangerous driving behavior incriminate dispute . China has not yet \missing. From the existing criminal law norms, whether it is \Therefore, I agree with the creation of a \judicial injustice. Finally, by reference to the practice in other countries of the world, the recommendations of the criminal law legal regulation of dangerous driving behavior: First, from a legislative point of departure, it is recommended the creation of a \settings so that the range of adjustment of the various types of dangerous driving behavior into criminal law; Second, sound and identification of dangerous driving-related crime and punishment, including an appropriate increase in the legal punishment of the crime of traffic accident \under the premise of \mechanism. In conclusion, our legislature should take reasonable and lawful, fair and effective measures as soon as possible, active management of all kinds of dangerous driving behavior, to make citizens' lives, health and property, as well as the community's public safety was no longer such violations against scenes of ruin and death tragedy truly \
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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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