关键词: 危险驾驶罪, 教唆犯, 正犯, 交通肇事罪, 结果加重犯

Abstract:

Instigation of dangerous driving which results in traffic accident can be punished in four ways according to law
theories. The first is to assure the instigation of the negligence by denying the intentional subordination of the accomplice to
the principal offender according to the theory of behavior in common. The second is to define the crime of causing traffic
casualties as intentional offense，and deal with the casualties by objective extra factors according to theory of pre-protection
of legal interest. The third is to replace outcome-based responsibility form with behavior-based liability form. The fourth is to
handle it with the theory of partially joint crimes. Among them the fourth is applicable to China’s current criminal theoretical
system.

Key words: dangerous driving crime, instigator, principal offender, crime of causing traffic casualties, aggregated consequential
offense