A Study On The Dangerous Criminals Of Drinking Driving Fault

In recent years, with a sharp increase in the number of privately-owned cars, the phenomena of after-drinking-driving and drunk driving both grow in severity, resulting in great casualties and loss of properties. On May1,2011, the eye-catching "No.8Amendment to Criminal Law" and the revised "Law on the Safety of Road Traffic" came into effect, suggesting that all the drivers will pay a price of "crime and punishment" for drunk driving. There is a great controversy in the Chinese academic world on whether drunk driving should be listed into Criminal Law. This thesis tends to explicate the necessity and legitimacy of listing drunk driving into Criminal Law by analyzing the drunk driving as an act from the perspective of a theory on involuntary dangerous crime. Besides, the thesis will also elaborate on the criteria of the judicial practices directed at drunk driving after it is listed into Criminal Law. The thesis has been divided into four chapters:the first chapter is a brief summary of involuntary dangerous crime. From purely a theoretical point, the chapter will explore on the necessity and feasibility of establishing the crime of involuntary dangerous acts, and its constitution of crime. The second chapter is to claim that involuntary dangerous crime is the jurisprudential basis for establishing the crime of drunk driving. It is to present its views that the concept and characteristics of drunk driving conform to those of involuntary dangerous crime, and the criminal constitution of drunk driving are also well in accordance with those of involuntary dangerous crime, thus justifying its claim that involuntary dangerous crime is the jurisprudential basis for establishing the crime of drunk driving. The third chapter is to stress the necessity and legitimacy of establishing the crime of drunk driving. The point is made through its discussion on real social needs, nature of crime, perfection of criminal laws, restraints of Criminal Law, precautions against crimes, principle of trust and its permitted theory of danger. The fourth chapter is all about the penalty measurement after drunk driving is established as a crime. It is going to deliberate on the difficulties in sentencing drunk driving as a crime, the establishment of pertinent standards and other practical problems that could be met with after the establishment of drunk driving as a crime.