Criminalization Of Drunk Driving And The Application Of Law

Along with the high-speed development of the social economy, our country has already entered into the "automobile era", in which the automobile comprises a considerable proportion in people's trip mode. At the same time, our country also has a long history of the "liquor culture", of which wine is becoming a must for a feast in China. An automobile era with a liquor culture brings out drunk drive, which has caused terrible traffic accidents and will go on putting the property and life of the public at great risk. Regarding this, recent laws and regulations in China obviously have a lagged effect. Learning from the legislative experience of drunk-driving regulation in those developed countries and local governments, we find it necessary, practical and feasible to take drunk driving as a crime.Standing Committee of the National People's Congress passes through successively three considerations, in February 2011 officially through "the Criminal law Bill for amendment (8) (Draft)" 22nd "the dangerous driving crime", integrates the drive under alcoholic intoxication, a dangerous driving behavior into officially the criminal law field of vision. This reflects the Legislature's humanity and attention to the livelihood of the people, and will benefit in preventing crimes under the criminal law and building a harmonious society.Every newly sprouted thing experiences the process of being born, developing and maturing, so does the legal standard. Although drunk driving may be considered guilty under the criminal law amended, simple expression and the lack of judicial interpretation arouses considerable controversy over the definition of crime and judicial application, and thus obstructs the legal effect. It is necessary to unify thinking so as to unify judicial practice. First, be sure to grasp accurately the elements in constitution of a drunk-driving crime. The criminal object should be the traffic transportation security; With respect to criminal objective aspect, we should set the objective standard of alcoholicity in blood and standard of motor vehicle and road. The subject of crime should be general, which only includes the direct driving motor vehicle personnel. Those who seduce, instigate or force one to drive under alcohol intoxication or those who offer vehicles to the driver whom they know is drunk will probably be the common subject of the crime; This criminal subjective aspect should be indirect intention. Second, be sure to clearly understand the characteristic of the drunk-driving crime. The drunk-driving crime is an abstract danger crime, a behavior crime, which has specially intentional crime's formation of preparation, attempt and discontinuation. Third, be sure to know whether the alcoholic intoxication constitutes a crime or not.. In practice we should embark from its substantive elements of a crime constitution, and persist the unified subjective and objective theory. If an act is consistent with the criminal law general rule 13th provision stipulated as "the plot remarkable slight harm is not big" or has the anti- actually matter, it is not a criminal act. Fourth, be sure to correctly define a crime when a drunk driving causes traffic accident. In the situation that one commits both drunk-driving crime and traffic accident crime, we should stick to the principle that felony weighs. That is to define it as a traffic accident crime. We must grasp two kinds of boundaries on the issue of drunk-driving crime and traffic accident crime:one is loss of life and injury, and the other is damage of property. Fifth, be sure to manage well when one commits more than a drunk-driving crime. Regarding other continual crimes related to the drunk drive crime, for example, crimes of harming public security by dangerous method, killing people intentionally, injuring people intentionally, damaging public and private property intentionally, the author believes that, when a criminal committed two or more of these crimes, it would be reasonable for us to adopt the punishment principle of the imaginary combination crime. That is, on the basis of the criminal's subjective criminal content, to define the criminal nature by combining different elements of criminal constitution under various crimes.