Dangerous driving Criminal Law Studies
|School||Kunming University of Science and Technology|
|Course||Environment and Resources Protection Law|
|Keywords||dangerous driving Sun Weiming case Hu Bin case traffic accident dangerous method harm public security legislative proposal|
In recent years, a lot of deaths are caused by the dangerous driving. Most people believe that the wrecker should be punished severely. However, according to the criminal law of People’s Republic of China, if the wrecker did not escape and the escape was the reason for the death, the wrecker will be sentenced to 7 years in jail at most. It is absolutely unfair. How to deal with this kind of cases is an urgent problem. Researching this problem is important both in the theory and practice areas.This paper would begin with "Sun Weiming case" and "Hu Bin case", which created a sensation last year. There are four parts in this paper:part one is the situation about the court dealing with these cases. The author would analysis these two cases above and point out the problem we face now. Part two is the situations of foreign countries’ relate ideas of legislation and judicial practice, and then got the beneficial experiences to China. Part three is the conception that how to deal with these cases according to the criminal law of People’s Republic of China. Part four is the most important part in this paper, which is about the conception of setting a crime in criminal law named dangerous driving crime. The author considered the "dangerous driving crime" including five behaviors:drunk driving; drag racing; drug driving; violate the traffic signals, like running the red light; incapacity driving. And the one should be punished by the criminal law without his/her dangerous driving action leading a serious outcome. If the behavior leads a serious outcome, the driver should be punished severely.Nowadays, China is a big country with lots of automobiles. And lots of traffic accidents happened everyday. The death caused by dangerous driving appeared more and more. The public concern these accidents. They hope the wrecker will be punished severely. Our country is the country under the rule of law, we should not punish anyone illegal. So the best way to solve this problem is to set a crime in criminal law named dangerous driving crime. It will be very beneficial both to punishment and prevention.