· The school bus is seriously overloaded and overspeed will constitute a crime

At the 15th meeting of the Standing Committee of the 12th National People's Congress, the National People's Congress Law Committee made a report on the revision of the main issues of the draft Criminal Law Amendment (IX). The new draft stipulates that the school bus business or passenger transportation, which seriously exceeds the rated passenger capacity, or seriously exceeds the prescribed speed, constitutes a dangerous driving offence.


The eleventh meeting of the Standing Committee held in October 2015 conducted an initial review of the draft amendment to the Criminal Law (IX). After the meeting, the Legislative Affairs Commission of the Standing Committee of the National People's Congress issued the draft to all provinces (autonomous regions, municipalities) and relevant central departments, some institutions of higher learning, law research institutions and other units for comments. The draft of the full text of the China National People's Congress website was published for public comment. The NPC Law Committee and the NPC Standing Committee Legal Affairs Committee held a symposium to listen to the opinions of NPC deputies, relevant departments, experts and scholars, and also to Sichuan, Xinjiang, Shandong, Anhui and other places for research.


Article 7 of the original draft amends the dangerous driving offences stipulated in the current criminal law. At the time of the last deliberation, some members of the Standing Committee suggested that the school bus management of some students in the practice was not standardized, and serious accidents and speeding caused serious accidents, seriously endangering the personal safety of students, and the social impact was bad. Road passenger transport, tourist passenger transport and other motor vehicles engaged in passenger transport business, speeding, easily cause major casualties, should be clearly stipulated as crimes; direct responsibility for dangerous driving crimes of passenger vehicles and dangerous chemicals transport vehicles Motor owners and managers should also increase the provisions for criminal responsibility.


The Law Committee, in consultation with the relevant departments, proposed to amend Article 7 of the draft as: "When driving a motor vehicle on the road, in one of the following circumstances, it is criminalized and fined: chasing the race, the plot is bad; drunk driving machine The company is engaged in school bus business or passenger transportation, which seriously exceeds the rated passenger capacity, or seriously exceeds the prescribed speed; it violates the safety management regulations of dangerous chemicals to transport dangerous chemicals and endangers public safety." At the same time, increase the regulations: "If the owner or manager of the motor vehicle has direct responsibility for the third or fourth act of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph."

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