The Affirmation Of The Traffic Offences Caused By Drunken Driving

In our county, the time of car has just come. With the increasable amount of car, there is no doubt that serious traffic accidents happen constantly. In recent years, though, about the traffic accidents caused by drunken driving often appear in newspaper, the courts always can not form a agreement on the judgments of them, which has a bad effect on the efficient control of such behavior, making the judgment has less authorities in society. The reason behind it is that there exist big differences on the application of laws to this kind of crime. This article does a analysis of Li Qiming dwi 10.16 hit-and-run case from the view of criminal law combining a truly happened car accident with relevant theories of criminal law, aiming at offering the public a new acquisition of how to affirm the conduct of drunken driving. In this article, the author first card the traffic offences thoroughly using the the general theory of criminal law, then make a proper analysis according to the public written reply,made by the court,to the drunken driving case done by Li Qiming. Here he wants to point out the problem existing in the conviction of this case and draw a conclusion to this article, combining the theoretic analysis of the the defendant's subjective and objective aspects with the relationships among the different opinions on how to use relevant laws. In February 2011, The NPC Standing Committee passed The Eighth Amendment of The Criminal Law, the conduct of drunken driving and chasing competition driving have been considered as crime in the Clause 22 in this amendment. In this article, the author also make an analyzing of and prospecting on this amendment.