Criminalization On The Acts Of Drink-driving

Recently, the prosperity of transportation plays a vital role in promoting economy progress. But, every coin has two sides. It results in frequent traffic accidents at the same time, especially leading to fateful and vicious ones. People's lives and property have been seriously damaged. Faced with increasingly severe traffic safety situation, people from every walk of life have given full attention from theory to practice. However, our nation's obviously lagging behind nowadays, which has not formed convincing basement of legal theory. In the final analysis, the bad role is ignored which the dangerous behavior of drink-driving plays on traffic accidents, while in overseas, owing to experiencing automobile time early, the nation has formed a relatively complete reasonable legislation against such risky behavior, which powerfully restricts the drink-driving behavior. In consideration of these situations, an attempt will be made to propose drink-driving into criminal law combined with the actual situation in China, which will perfect the frame of the criminal law.The paper is mainly made up of three parts, including introduction, main text, conclusion, and the main text includes four chapters.Chapter One will be devoted to introduce the actualities of China's traffic safety. First of all, it shows the current situations of the traffic accident, and analyzes the reasons of drink-driving, and then introduces the legislative gaps about drink-driving, which proves the necessity of establishing the crime of drink-driving. For the one thing, drink-driving which has caused innumerable losses is deemed as the main reason of traffic accidents. For another, the administrative legislation is weak, and the criminal legislation about drink-driving can be improved to a better degree. This paper is designed to solve the issues above-mentioned.Chapter two will illuminate the rationality for convicting the drink-driving. This paper aims to illustrate the justification of establishing the crime of drink-driving from a certain perspective that the criminalization on the acts of drink-driving is in line with the international trends and the dual behavior insignificant theory.Chapter Three will analyze the legislative conditions of other countries and regions, by analyzing the constituent conditions of this crime, it will illustrate the feasibility of establishing the crime of drink-driving. The drink-driving offenses will be presented on the basis of analyzing the constituent conditions of this crime. So it is proposed to set up drink-driving offenses in accordance with the provisions of general principles of criminal law. The drink-driving offenses including drink drive and drinking drive again after the vehicle drivers had been administratively punished twice within five years. If serious consequences have not yet resulted, shall be sentenced to Detention and a fine. If serious consequences have resulted and the crime or punishment shall not be decided or given according to the provisions of Article 113, shall be sentenced to fixed-term imprisonment of not more than two years.Chapter four will analyze the differences beteen the drink-driving offenses and other related crimes, like traffic delinquency crime, dengerous driving crime and crimes of endangering public security. By the comparative analysis, it illustrates the differences between drink-driving and these types of crimes, it make us understand the boundaries of these crimes more clearly.