Criteria for filing criminal cases of serious overcrowding, serious speeding and dangerous driving (for Trial Implementation)

Legal subjectivity:

The standard of overcrowding in dangerous driving crime is 20%. According to Item 3, Paragraph 1, Article 133-1 of the Criminal Law of People's Republic of China (PRC), carrying passengers seriously exceeding the rated passengers constitutes the crime of dangerous driving. According to the first paragraph of Article 92 of the Road Traffic Safety Law of the People's Republic of China, if a highway passenger vehicle exceeds the rated passenger, it shall be fined between 200 yuan and 500 yuan; More than 20% of the rated passengers or illegal cargo, punishable by a fine of more than 2000 yuan in 500 yuan. Accordingly, 20% overload is a demarcation point, and more than 20% overload is a serious situation.

Legal objectivity:

Article 92 of the Road Traffic Safety Law of the People's Republic of China * * If a passenger vehicle on a highway exceeds the rated passenger, it shall be fined between 200 yuan and 500 yuan; More than 20% of the rated passengers or illegal cargo, punishable by a fine of more than 2000 yuan in 500 yuan. If the freight motor vehicle exceeds the approved load quality, a fine of more than 200 yuan and less than 500 yuan shall be imposed; More than 30% of the approved load quality or passengers in violation of regulations, a fine of more than 2,000 yuan shall be imposed on 500 yuan. Whoever commits the acts mentioned in the preceding two paragraphs shall be detained by the traffic administrative department of the public security organ until the illegal state is eliminated. The vehicle of the transport unit has the circumstances specified in the first and second paragraphs of this article, and if it is not changed after punishment, the directly responsible person in charge shall be fined between 2,000 yuan and 5,000 yuan.