| Risk society, the major malignant drunk driving accidents occur frequently and seriously endanger the people's lives and property. Criminal Code Amendment the provisions of the drunk driving crimes, families to penalties, comply with public opinion. However, the scientific terms, necessity and other various problems, many scholars dispute remaining, there is room to further open to question.From the drunk driving analyzing the necessity of crime, from the policy, legal, theoretical, practical and other areas to explore its legislative basis, and the rules designed to prevent punishment of drunk driving cases provide a reference views. The full text is divided into three parts, totaling about 2.8 million words.Part I: Crime drunk driving the need for analysis. The author first drunken driving offense on the academic point of view of whether or not to sort out, and then investigate the crime of drunken driving theoretical basis and practical basis for the legal basis for the policy. Drunk driving offense on the Theory of the main reasons for the theory of free exercise, criminal law theory of value, abstract Danger theory, criminal law, Qian suppression theory; socialist harmonious society, policy guidance and policy guidelines are to drunken driving offense has provided a policy basis.Looking abroad, most countries have corresponding provisions of the Penal Code in a drunken state of the dangerous driving charge. Our society at risk, in view of drunk driving offenses serious social harm, the voice of the people should separate provision in the criminal law on drunken driving offense.Part II: Crime of drunk driving and the guilt of the Legislation. Although the amendment has defined as criminal acts of drunken driving, but its provisions are still not entirely blame the Department of scientific and rational, and worthy of further exploration of the need, the author of the amendment twenty-two analysis, the following conclusions: drunk Driving is a bit dangerous driving offense is a crime, the crime should be in the traffic accident, a dangerous crime of endangering the public safety and traffic violations generally exists between the space and value. Dangerous driving drunk driving offense, which both belong to Danger, but also acts committed, that is, on the road with drunk driving in the objective behavior of motor vehicles will come into the crime, nothing to do with the harm results, subjectively, should be intentional, does not exist unfinished form.Part III: Conclusion. In the criminal justice level, make sure that they drink driving accident and reasonable sentencing science and humanity; level of criminal prosecution, should construct a system of rapid scientific prosecution; the legal level, structured the existing legal system, and properly handle this crime and other related crime and general convergence of traffic violations; in the legal interpretation of level, should be strictly limited expansion of its interpretation of the principle of safeguarding the bottom line of criminal suppression Qian; public opinion in the judicial level, advocacy, emphasis is intended to prevent, rather than punitive legislation mind.Crime of drunk driving should be, then be sure to carefully drink driving legislation. Criminal Law Amendment Act eight Italian public opinion and how to balance, justice and the legal, human nature and reason, there really is a long way. |
