A Study On The Crime Of Drug Drilling

In recent years,with the rapid development of economy of our country, the increasing ownership of drugs and per capita car has caused drug driving behaviour at present, which become one of the most severe reason of some serious traffic accidents. According to news reports, some vicious traffic accidents caused by drug driving behavior is harmful to our society that we can not deny.Since the promulgation of Criminal Law Amendment(Aight), drunk driving behavior in our country has been effectively controlled.At the same time, raffic accidents caused by drunk driving behavior are also greatly reduced. On October 27, 2014, Criminal Law Amendment(Nine) draft has been submitted,which suggests to modify article 133 of criminal law,but not consider the drug driving which is harmful as drunk driving hazards. At present,in judicial practice, the conviction and sentencing of drug driving behavior caused by traffic accident cases are different in different region,which caused the the different conviction of the same drug driving behavior cases. As drug driving behaviour will cause a great threat to life and property security,drug driving behaviour should be included in the scope of criminal law immediately to protect people’s life and property safety. This paper roughly divided into three parts, and has more than thirty thousand words.The first part of this article is mainly about the present status of the drug driving behavior of our country.To correctly understand the drug driving behavior, we need to demarcate the scope of the drug driving behaviour firstly, and then to define the meaning of driving behavior of drug use.Secondly,this paper overview the current situation of drug driving behavior from two aspects. On one hand,this paper elaborates the general idea of the drug driving behavior of our country nowadays; on the other hand, this paper mainly states the stage of our country about the present situation of drug driving behavior,and how to carry out punishment. When there is no real harm result of drug driving behavior, the conviction is according to Regulations on Administrative Penalties for Public Security and Road Traffic Safety Law etc. If serious consequences have been caused, how to convict and sentense has become a debate focus.At the same time,it has become an embarssing situantion for the punishment of drug driving behaviour.In this paper, the second part is mainly about whether drugs driving behavior should be include into criminal law. Namely,there are two different kind of ideas,which is affirmation and negation said. With the interpretation of the affirmation idea and negation idea, this paper analyses the necessity of making the drug driving behavriour into criminal law from the perspective of the social harmfulness, the austerity of criminal law, the situation policy and foreign lawyer’s idea.In this paper, the third part is mainly about the design of taking drug driving behavior into criminal law legislation,which is mainly about the conviction with the combination Criminal Law Amendment(Eight) draft of October 27, 2014,which analyse simple idea of crimes, and its subject, object, subjective aspect and objective aspect, and then according to the guiding ideology of the legal sentence configuration,drug driving into the legal punishment of dangerous driving crime conception, and suggestions for dangerous driving punishment in prison can makes it form a strict punishment net.Finally,this paper analyzes whether the dangerous driving behavior should have "serious" this restriction conditions. Because the drug driving is very dangerous driving behavior, so the author thinks that in the specific provisions,there is no need of "serious" restriction conditions, but also do not express there must be drug driving behavior and punishment,as a result only harmful punishment to the society can be regarded as a crime. Article 13 in China’s criminal law, the "proviso" is a complement about that the behaviour should the social harmfulness. Thus,when handling this kind of case of the drug driving behavior,we should consider the "proviso". In addition,this paper express making the drug driving into the crime of dangerous driving and the relevant standard of the relationship between crime and the crime determination.