论危险驾驶罪与相关犯罪的认定.pdf

Abstract Abstract Drunk driving cases occurs frequently in recent years.It also caused a sharp increase in traffic accidents and casualties.By the administrative regulations can not effectively curb this happens,drunk driving is included in the criminal law.On February 25, 2011,Criminal Law Amendment (eight) provisions of such dangerous driving behavior as a crime,called crime of dangerous driving.But this rules is too simple.Although the crime of dangerous driving has been implemented for more than three years.However, additional questions about the offense and the relationship between the crime and related offenses, are still there is a big controversy.These disputes affect the accuracy of the crime of dangerous driving applies .It blurring with the related crimes.So that it is not easy for us to understand the constitute of the dangerous driving crime. Thus affecting the applicable of the charges.So it is necessary to explore the basis intent of the legislative and reasonable definite of the boundaries and relationships between similar charges. Key words: Dangerous driving crime Traffic crime The crime of endangering public safety III 目录 目 录 引 言 1 第1 章 危险驾驶罪的立法规定 3 1.1 危险驾驶罪的立法规定 3 1.1.1 危险驾驶罪的立法背景 3 1.1.2 危险驾驶罪的概念和犯罪构成 5 1.2 增设危险驾驶罪引发的质疑 7 1.2.1 危险驾驶罪性质的判定 7 1.2.2 危险驾驶行为造成严重后果的刑法适用 13 第2 章 危险驾驶罪与相关犯罪的界限 15 2.1 危险驾驶罪与交通肇事罪的界限 15 2.1.1 两罪构成要件的差异 15 2.1.2 两罪的社会危害性不同 16 2.2 危险驾驶罪与以危险方法危害公共安全罪的界限 17 2.2.1 两罪构成要件的差异 17 2.2.2 两罪的社会危害性不同