A Probe Into The Problem Of Drug Penalty

Drug driving in our country has shown a trend of the outbreak, seriously endangering the safety of road traffic, the media repeatedly reported on drug driving has sparked concerns about the drug driving. Although China has promulgated the corresponding provisions in the administrative law to prevent drug driving, but its effect is not significant. The legal profession on drug driving into the penalty is a debate about whether the need for drug driving into the penalty is not in doubt, the feasibility of drug driving into the penalty opponents is more to worry about. The current spread of drug driving, not enough to curb administrative law. drug driving into the penalty is imperative.Addition to the introduction of this article, consists of four parts, as follows:The first part is the definition and current situation of drug driving behavior. In defining drug driving behavior to define drug driving through elaboration of each element of the connotation of drug driving. The drug driving into "drugs." "drug", "drive", "post-drug driving" four aspects to analyze drug driving behavior. Current Legislation set forth in the provisions of Article drug driving law in our country, mainly in administrative law provisions, involving only a judicial interpretation of criminal law. Turning to the judicial status of drug driving people to the dangers of lack of awareness, lack of drug driving in the detection and investigation work.The second part is the analysis of the legitimacy of the drug driving into the punishment. First discusses the drug driving has serious social harm, drug driving endanger people’s personal and property safety, causing a lot of accidents. Drug driving further endanger public safety, drug driving behavior has caused social panic. Secondly, the existing laws and regulations on drug driving circumspect lack of resistance, not enough to curb drug driving administrative law, criminal law on drug driving regulation is limited in scope to drug driving this dangerous behavior can not be punishment. Finally, drug driving in line with the restraining criminal law is mainly reflected in its compliance with Modesty three characteristics:effectiveness, irreplaceable and economy.The third part is toxic driving into the penalty established criteria. Mainly from two aspects discussed manifestations of drug driving and drug driving in the form of liability. Expression mainly elaborated object and objective aspects, form the focus of responsibility demonstrated the ability of responsibility because of drug use leads to mental disorders drug driving behavior, drug driving subjective state of mind of deliberate acts.The fourth part is driving into the penalty toxicity of statutes designed. The front part of the main draw elaborated extraterritorial legislation, as well as to protect the early detection and investigation into the mechanism of punishment. Later on charges of drug driving into the penalty be determined, should be included in the crime of dangerous driving, drug driving sentencing to put forward its own considerations.