Discussion Of A Number Of Issues On The Incrimination Of Druck Driving

The research object is drunk driving in the "Criminal Law Amendment VIII" just passed. After the incrimination of drunk driving, the application of law has to inevitably face many problems. The article discusses a number of issues on the incrimination of drunk driving. The incrimination of drunk driving is going in recent years, under the background of frequent traffic accidents, major and serious cases. The incrimination of drunk driving has a very great practical significance. Since a significant about the incrimination of drunk driving, then play the social function of drunken driving charge in the application of law. This will clear some issues arising after the incrimination of drunk driving. Decide the name of drunk driving charge is the premise of the application of drunk driving offense in criminal judicial practice, and identify the drunken driving is the key, and Setting the punishment is the result. Drunk driving offense is not "a man in battle", and it with the Traffic Offences and In A Dangerous Means to Endanger Public Security of Sin build a full range of three-dimensional criminal law system for drunk driving behavior.This article has more than 20,000 words, and it's structure is divided into five chapters, plus a introduction and a conclusion, and it's content is divided into three parts: Chapter I is the first part, describes the practical significance of the Incrimination of drunk driving; second part consists of Chapter II, III and IV, describes the name of drunk driving offense and on charges of drunken driving, the criminal structure and the Sentence; Chapter V is the third part, combs response of the drunk driving offense in the criminal law system.Chapterâ… , the maintenance of public safety, and promote social development, effectively protect people's livelihood in high-risk society, thoroughly implement the policy of combining punishment with leniency in criminal and judicial practice , from this five aspects to explain the practical significance of drunken driving included in "Criminal Law Amendment VIII ".It can highlight the necessity for the incrimination of drunk driving, and from which we can reflect the legislation background of the incrimination of drunk driving. Chapterâ…¡, the "Criminal Law Amendmentâ…§" is just the incrimination of drunkdriving, and does not give a name, so as not conducive to application in judicial practice. This article defines the Article 133 of the Penal Code as two charges: driving race offense and drunken driving offenses.Chapterâ…¢, "Criminal Law Amendmentâ…§" and the General Penal Code are not clearly defined the concept of drunken driving. The paper give a detailed classification of drunken, and classified the type of criminal responsibility into the drunk driving, in order to clear criteria of drunk driving.Chapterâ…£, "Criminal Law Amendment VIII " provides the sentence of drunken driving offenses, including main and supplementary sentence, in line with the trend of international legislation. Unfortunately it doesn't set qualification penalty for restriction of the General Penal Code on Types of penalties. It can not be achieved at once in the current situation.Chapterâ…¤, "Criminal Law Amendment VIII " incriminate drunk driving, but it does not mean that it can be completed for all drunk driving behaviors. from the criminal acts to the results, complete the response function of criminal law through Drunk Driving charge, the Traffic Offences and In A Dangerous Means to Endanger Public Security of Sin.