危险驾驶罪的几个争议问题

Some Controversial Problems of Dangerous Driving Crime

危险驾驶罪的发生地点应当坚持公共道路说,同时实质的考察非公共道路的危险状况。危险驾驶罪之追逐竞驶的认定不必以违反行政法的限速规定为条件。危险驾驶罪属于混合的危险犯,可以追诉,特定情况下可以逮捕。另外,我国应当考虑设立危险驾驶的结果加重犯。

The spot of dangerous driving crime should be on the public road while the dangerous situation of non-public road should also be examined substantially.The cognizance of the competition driving of the dangerous driving crime is not necessarily under the condition of the breach of speed limit provisions of administrative law.Dangerous driving crime belongs to a compound potential damage and can be prosecuted.Under a special situation,the driver concerned can be arrested.In addition,China should establish the crime of injury death by dangerous driving for consideration.