“危险驾驶罪”否定论刑法学专业论文.docxVIP

Abstract The social harm of dangerous driving behavior is an objective existence, but whether only establishing a new charge in the criminal law can control them effectively is a question. Although the Criminal Law Amendment (8) have been adopted and implemented , though the theory and judicial practice hold a positive attitude to the necessary establishment of the offense, and there is also opposition around. Study of the problem, for solving the corresponding wage acts like a malicious crime into question the reasonableness of the inspiration of great significance, but also better able to guide the judicial practice. Dangerous driving charge means driving the motor vehicle on the road chasing seriously or the behavior of driving on the road drunk. The problem of applicable scope is pointed out through elaborating the basic concept of dangerous driving crime and characteristics and the reason of formulating criminal charges. Then elaborate the grounds of fighting against formulating criminal charges from micro and macro level. Formulating dangerous driving crime in criminal law cannot solve the specific issues on micro level and obey the basic theory on macro level whether it is the problem of fact, implementation or other issues caused by charge from micro level or the principal of humility, the foundation of illegality or risk social theory. However, it is undoubted on hazards of dangerous driving. It should tackle how to prevent that kind of dangerous behavior from happening in the existing legal system. Coordinating the relationship among administrative penalty, criminal penalty and inner of criminal penalty is very helpful for judicial practice to apply law correctly. Key words: dangerous driving charge;negativism; the crime of intentionally endangering public security; the crime of causing traffic casualties; judicial control II 目 录 HYPERLINK \l _bookmark0 第 1 章 引 言1 HYPERLINK \l _bookmark1 第 2 章 “危险驾驶罪”概述3 HYPERLINK \l _bookmark2 2.1 “危险驾驶罪”的概念和特点 3 HYPE