| As our country enters the automobile era, a car accident is more and more seriously harm to people’s lives and health and property security, risk and harm caused by drunken driving can be said to bear the brunt. Drunk driving behavior, the main form of a simple drunk driving behavior, reverse drive, cross the line driving and other serious violations of the rules of the road drunk driving behavior, the behavior of drunken drag racing, drunk driving accident behavior, drunk driving accident and several types of continuous collision behavior.Before the Criminal Law Amendment (eight), our penalties on Drunk driving behavior is divided into two kinds of administrative penalties and criminal penalties. Drunk driving behavior of the system by the administrative regulations include:one did not cause harmful consequences; another cause actual harmful consequences, but not yet constitute a crime, but as violation of traffic laws and regulations be evaluated. Administrative penalties on drunken driving legislation is the2004Road Traffic Safety Law " and in2006the People’s Republic of China Public Security Administration Punishment Law". The Executive and Legislative is lighter punishment for drunk driving, So relying solely on the administrative penalty to effective regulation is difficult to this type of behavior. Included in the Criminal Regulation of drunken driving behavior is a traffic crime and crimes against public security in a dangerous way, the appropriate punishment based on114,115and133of the Penal Code, but the configuration between the two counts of statutory punishment the have great differences and need in the middle of the lack of a scientific and rational transition charges to make the appropriate convergence.The penalty is a concrete realization of legal liability. The punishment given to drunken driving behavior whether administrative penalties, criminal penalties, administrative penalties and criminal penalties should be based on the behavior of human behavior causing harm to determine the consequences and the extent of size. Drunk driving is a form of risk behavior. In practice the implementation of the behavior does not necessarily lead to actual harmful consequences, thus requiring us have considering on its lead to the risk of type and attributes to make the necessary certification and research.In the provisions of the Criminal Law Amendment (eight)" A detention and fined for drunk driving a motor vehicle in traffic on the road, if the acts constitute other crimes forming heavy breaking. This legislative initiatives the end of our long-standing no way subject to the penalties legislative gaps, which means drunk driving behavior has been fully integrated into the evaluation areas of criminal law on drunk driving behavior. Better with the Criminal Law Amendment (eight)"convergence, the NPC Standing Committee on Road Traffic Safety Law to make the amendments to increase the administrative law penalties on drunk driving behavior.Before and after the different stages in the Criminal Law Amendment (eight)" the performance of some expansion and taking into criminal drunken driving this abstract risk behaviors in China’s interpretation of the scope of the count of control for drunk driving behavior changes in penalties practice. The reason mainly lies in the risk society we live in new and higher demands on Criminal Policy. In Risk society, because people growing demand for security, we must be passive disaster remedial practices into its advance control. Criminal law as the last barrier of protection of rights, the most powerful tool to control risk, should be the objective existence of risk in modern society and make the appropriate response in advance involved in the prevention of traffic risk of harm to society that drunk driving behavior this abstract Perilous advance the use of criminal penalties in order to play an effective role in prevention, protection of social Security and striving to maintain its stability, easy to better protect public life and property safety. |
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