2008Journal of Nanyang Normal UniversityRequires access

Thought on Criminalization and Decriminalization in Traffic Accident

Shen Yu-zhong

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Abstract

With the proposition of dual-polarization criminal policy,the problem of criminalization and decriminalization has become a global trend.By considering the criminal legislations and the criminal justice explanations in recent years,the trend of criminalization and decriminalization in traffic accident has become more apparent,which reflects the criminal legislation and judicial paying more attention to public interests and the people-oriented spirit.Facing drunken driving,speeding motorists and other dangerous driving behaviors that have brought great risks to the public,is it necessary that criminal law intervenes ahead of schedule? Based on the modesty of criminal law and balance of freedom and security,it is not necessary to make dangerous driving decriminalization in the existing legal framework.

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What this paper is about

With the proposition of dual-polarization criminal policy,the problem of criminalization and decriminalization has become a global trend.By considering the criminal legislations and the criminal justice explanations in recent years,the trend of criminalization and decriminalization in traffic accident has become more apparent,which reflects the criminal legislation and judicial paying more attention to public interests and the people-oriented spirit.Facing drunken driving,speeding motorists and other dangerous driving behaviors that have brought great risks to the public,is it necessary that criminal law intervenes ahead of schedule? Based on the modesty of criminal law and balance of freedom and security,it is not necessary to make dangerous driving decriminalization in the existing legal framework.

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Available abstract

With the proposition of dual-polarization criminal policy,the problem of criminalization and decriminalization has become a global trend.By considering the criminal legislations and the criminal justice explanations in recent years,the trend of criminalization and decriminalization in traffic accident has become more apparent,which reflects the criminal legislation and judicial paying more attention to public interests and the people-oriented spirit.Facing drunken driving,speeding motorists and other dangerous driving behaviors that have brought great risks to the public,is it necessary that criminal law intervenes ahead of schedule? Based on the modesty of criminal law and balance of freedom and security,it is not necessary to make dangerous driving decriminalization in the existing legal framework.

Key concepts: Decriminalization, Criminalization, Criminal law, Political science, Law, Legislation, Criminal code, Misdemeanor

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