本篇paper代写- Crime under the road traffic act of England讨论了英国道路交通法的犯罪规定。英国关于道路交通犯罪的立法，可谓在西方国家中为最完备者之一。1988年英国颁布道路交通法之后，又在1991年和1996年两次进行了修订。英国刑法不仅有关于交通道路犯罪的危险犯、行为犯等规定，对于受酒精影响而驾驶的行为规定了多个罪名，在处罚上，对于危险驾驶机动车辆致人死亡的，按照普通法的传统，应当认定为非预谋杀人罪，应当判处14年监禁或罚金，或者二者并罚之。而且，英国刑法对危险驾驶类犯罪与酒后驾驶类犯罪规定了远重于德国刑法典对同类犯罪规定的刑罚。本篇paper代写由51due代写平台整理，供大家参考阅读。
Britain has some of the best road crime legislation in the west. After the enactment of the road traffic law in 1988, it was revised in 1991 and 1996. The act stipulates: driving a motor vehicle in a dangerous manner on a road or other public places, causing death of another person, shall constitute the crime of causing death by dangerous driving; Driving motor vehicles in a dangerous manner on roads or other public places constitutes a crime of dangerous driving.
"Dangerous driving" refers to the if in a competent and cautious driver, in a vehicle can cause dangerous conditions, that person still driving, the person shall be considered to implement the dangerous driving behavior, the specific performance as follows: the driving way is far lower than for a capable and cautious driver expectations; For a capable and careful driver, such driving is obviously dangerous. The term "danger" here refers to the danger of causing injury to a person or serious damage to property.
If an actor drives a motor vehicle on a road or in a public place and fails to exercise a duty of care of reasonable care or a duty of reasonable care to any other person who is using the road or in a public place, he shall be guilty of negligent and inconsiderate driving. If behavior person under any of the following circumstances, on the road driving motor vehicles, or other public places are using the roads or in public places is not others to exercise the care obligation of reasonable care and duty of care or reasonable, thus causing death, constitute a "driving under the influence of alcohol or drugs deadly sin" : when the vehicle is in under the influence of alcohol or drugs, not suitable for driving the vehicle; "Unfit to drive" means that a person should be considered unfit to drive when his ability to drive properly is impaired. Drinking so much alcohol that the alcohol content in their breath, blood or urine exceeds the legal limit. They are required to provide specimens under section 7 of the act within 18 hours of the occurrence of the incident, for no reasonable reason. The law also provides for "driving under the influence of alcohol or drugs" and "driving or controlling a motor vehicle while over the limit of alcohol".
It can be seen from the above analysis that the UK has adopted stricter road traffic safety management measures. British criminal law is not only about traffic perilous crime, act crime committed such as regulation, for driving while under the influence of alcohol behavior rules for multiple charges, on the punishment, for dangerous driving motor vehicle causing death, according to the tradition of common law, shall be deemed to be homicide recognized, shall be sentenced to 14 years in prison or a fine, or the combined punishment. Moreover, the British criminal law provides far heavier penalties for dangerous driving and drunk driving crimes than the German criminal code provides for similar crimes!
At present, road traffic crime is extremely serious, which not only causes social unrest and widespread concern, but also has caused a large number of casualties and heavy losses of property. Therefore, it is necessary to learn from the previous legislative experience of road traffic crime in the UK, carefully review the existing legislation of traffic crime related to driving motor vehicles, and timely revise and improve the shortcomings of China's criminal law legislation. The basic idea is:
Referring to the British regulations on the crime of driving motor vehicles, this kind of crime is divided into intentional crime and negligent crime, and the two types of dangerous crime and behavioral crime are clearly stipulated, and the result aggravated crime of this kind of crime is also stipulated.
The special establishment of "drunk driving motor vehicle crime", that is, clearly stipulated that the alcohol content exceeds a certain safety standard and driving motor vehicles, regardless of whether there are harmful consequences, should be considered as a crime. As for the safety standard of alcohol content in China, it can be determined after consulting relevant medical experts. The blood alcohol level of the relevant countries to prohibit the driving of motor vehicles standards are not the same. Germany's threshold for "unsafe driving" under article 316 of the German penal code is the threshold for criminal responsibility. In the UK, the breathable alcohol concentration is :35 micrograms of alcohol /100 ml of exhaled gas; Blood alcohol concentration :35 micrograms of alcohol per 100 milliliters of blood; The urine alcohol level :35 micrograms of alcohol per 100 milliliters of urine, or whatever the secretary of state's rules dictate. On the administrative penalties of drunk driving standards in our country, according to the state administration of quality supervision, inspection and quarantine bureau issued "the vehicle drivers blood, breath alcohol threshold, and inspection, drivers per 100 milliliters of blood alcohol content is greater than or equal to 20 mg, and less than 80 milligrams per 100 milliliters of blood alcohol content for drunken driving; Drunk driving is defined as having a bac of 80 mg or more per 100 ml. The alcohol content standards for drunk driving in China are much higher than those in Germany and Britain.
The "crime of dangerous driving" will be added to prohibit drag racing or other dangerous driving behaviors in public transportation or areas where people live in daily life, and criminalize those dangerous driving behaviors such as drag racing in public transportation or areas where people live in daily life for the purpose of fun and sports. And criminalize those who drive above the legal speed limit. As for what percentage of the speed above the law as a starting point for criminalization, experts can be consulted to determine.
The sentencing range for crimes related to illegal driving of motor vehicles will be significantly increased, thus effectively deterring illegal driving of motor vehicles endangering the lives, health and property safety of others.
要想成绩好，英国论文得写好，51due代写平台为你提供英国留学资讯，专业辅导，还为你提供专业英国essay代写，paper代写，report代写，需要找论文代写的话快来联系我们51due工作客服QQ：800020041或者Wechat：Abby0900吧。
Britain has some of the best road crime legislation in the west. After the enactment of the road traffic law in 1988, it was revised in 1991 and 1996. The act stipulates: driving a motor vehicle in a dangerous manner on a road or other public places, causing death of another person, shall constitute the crime of causing death by dangerous driving; Driving motor vehicles in a dangerous manner on roads or other public places constitutes a crime of dangerous driving.
"Dangerous driving" refers to the if in a competent and cautious driver, in a vehicle can cause dangerous conditions, that person still driving, the person shall be considered to implement the dangerous driving behavior, the specific performance as follows: the driving way is far lower than for a capable and cautious driver expectations; For a capable and careful driver, such driving is obviously dangerous. The term "danger" here refers to the danger of causing injury to a person or serious damage to property.
If an actor drives a motor vehicle on a road or in a public place and fails to exercise a duty of care of reasonable care or a duty of reasonable care to any other person who is using the road or in a public place, he shall be guilty of negligent and inconsiderate driving. If behavior person under any of the following circumstances, on the road driving motor vehicles, or other public places are using the roads or in public places is not others to exercise the care obligation of reasonable care and duty of care or reasonable, thus causing death, constitute a "driving under the influence of alcohol or drugs deadly sin" : when the vehicle is in under the influence of alcohol or drugs, not suitable for driving the vehicle; "Unfit to drive" means that a person should be considered unfit to drive when his ability to drive properly is impaired. Drinking so much alcohol that the alcohol content in their breath, blood or urine exceeds the legal limit. They are required to provide specimens under section 7 of the act within 18 hours of the occurrence of the incident, for no reasonable reason. The law also provides for "driving under the influence of alcohol or drugs" and "driving or controlling a motor vehicle while over the limit of alcohol".
It can be seen from the above analysis that the UK has adopted stricter road traffic safety management measures. British criminal law is not only about traffic perilous crime, act crime committed such as regulation, for driving while under the influence of alcohol behavior rules for multiple charges, on the punishment, for dangerous driving motor vehicle causing death, according to the tradition of common law, shall be deemed to be homicide recognized, shall be sentenced to 14 years in prison or a fine, or the combined punishment. Moreover, the British criminal law provides far heavier penalties for dangerous driving and drunk driving crimes than the German criminal code provides for similar crimes!
At present, road traffic crime is extremely serious, which not only causes social unrest and widespread concern, but also has caused a large number of casualties and heavy losses of property. Therefore, it is necessary to learn from the previous legislative experience of road traffic crime in the UK, carefully review the existing legislation of traffic crime related to driving motor vehicles, and timely revise and improve the shortcomings of China's criminal law legislation. The basic idea is:
Referring to the British regulations on the crime of driving motor vehicles, this kind of crime is divided into intentional crime and negligent crime, and the two types of dangerous crime and behavioral crime are clearly stipulated, and the result aggravated crime of this kind of crime is also stipulated.
The special establishment of "drunk driving motor vehicle crime", that is, clearly stipulated that the alcohol content exceeds a certain safety standard and driving motor vehicles, regardless of whether there are harmful consequences, should be considered as a crime. As for the safety standard of alcohol content in China, it can be determined after consulting relevant medical experts. The blood alcohol level of the relevant countries to prohibit the driving of motor vehicles standards are not the same. Germany's threshold for "unsafe driving" under article 316 of the German penal code is the threshold for criminal responsibility. In the UK, the breathable alcohol concentration is :35 micrograms of alcohol /100 ml of exhaled gas; Blood alcohol concentration :35 micrograms of alcohol per 100 milliliters of blood; The urine alcohol level :35 micrograms of alcohol per 100 milliliters of urine, or whatever the secretary of state's rules dictate. On the administrative penalties of drunk driving standards in our country, according to the state administration of quality supervision, inspection and quarantine bureau issued "the vehicle drivers blood, breath alcohol threshold, and inspection, drivers per 100 milliliters of blood alcohol content is greater than or equal to 20 mg, and less than 80 milligrams per 100 milliliters of blood alcohol content for drunken driving; Drunk driving is defined as having a bac of 80 mg or more per 100 ml. The alcohol content standards for drunk driving in China are much higher than those in Germany and Britain.
The "crime of dangerous driving" will be added to prohibit drag racing or other dangerous driving behaviors in public transportation or areas where people live in daily life, and criminalize those dangerous driving behaviors such as drag racing in public transportation or areas where people live in daily life for the purpose of fun and sports. And criminalize those who drive above the legal speed limit. As for what percentage of the speed above the law as a starting point for criminalization, experts can be consulted to determine.
The sentencing range for crimes related to illegal driving of motor vehicles will be significantly increased, thus effectively deterring illegal driving of motor vehicles endangering the lives, health and property safety of others.
要想成绩好，英国论文得写好，51due代写平台为你提供英国留学资讯，专业辅导，还为你提供专业英国essay代写，paper代写，report代写，需要找论文代写的话快来联系我们51due工作客服QQ：800020041或者Wechat：Abby0900吧。
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