危险驾驶罪刍议.pdf

2 On the Demonstration and Understanding of theDangerous Driving Crime Miyang (200910058) Abstract: It has been an undisputable fact that,under thevoice of the people,the Amendment VIIIofCriminal Law of the PRC has been passed the legislationauthority. Although many things still remain to be done by the theorists and practitioners, how to demonstrateandunderstandthe law es acrucial issue. Dangerous driving crime, based on the idea of the Rick Criminal Law as its theoreticalfoundation, must reasonably solve the fit between the principle of legality and the principle of suiting punishment to crime, so todemonstratemodern criminal law’s concept of“People-oriented”. Based on this, one can demonstrateand understandthe constitutionofcrime, and test the consequences of criminal law, thus can proposefeasible legislationsand judicial solutions ,and put forward myideas and views about Sentencing for dangerous drivingcrime 。 This article is divided into four Parts ,about twenty thousand words: The first part from a rational legislative point of view,provingtheoretical basis of the punishmentof dangerous driving behaviorthrough the detailed description of the concept,nature andcontent of criminal law concept of risk . The second part analyzesthe crimeconstituteof dangerous drivingcrime. Crime subject, crime subjective element, crime object, crimeobjective element of dangerous drivingcrime arefocused. And Put forward my own views. The third part expoundson the legal consequences of dangerous driving framing sub-system of the driving classcrime,proposing to increase the term of imprisonment,the panying criminal legal consequences of this crimeas well as confiscation of instrumentalities provisions to be clarified. The fourth part consider the sentencing of dangerous drivingcrime,China should change the concept of re-conviction lighter sentencing,attach