Legislation Improvement Of Drunken Driving Offenses

"Criminal Law Amendment VIII" is actualized formally on May1,2011. Driving-in-perilcrime is one of its bright points. The study object is the driving act in drunken state, whichbelong to the driving-in-peril crime. In recent years, along with the quickly development of oureconomy, the quality of motors is increasing in high speed, which causes many accidents ofdriving act in drunken state frequently. The character of many driving acts in drunken state isvery disgusting, which hurts safety of individuals and property. So adding the driving-in-perilcrime is very significant in this pivotal time, which is hard to avoid facing many questions in theprocess of adapting our law, for example, how to combine the driving-in-peril crime and theprinciple of crime equilibrium in the law practice is one of them. The principle of crimeequilibrium is a basic principle of our criminal law; it contains equity that is the important valuewhich human is pursuing, that is the scientific element which is required in criminal law system.So how to combine the driving-in-peril crime and the principle of crime equilibrium in the lawpractice perfectly is an important question that needs to solve firstly before establishing scientificpenalty system.The thesis includes four chapters:In chapter one, first we discuss the development process of the principle of crimeequilibrium, second,we discuss the realization of the principle of crime equilibrium and theproblems encountered in the implementation.later, we discuss the methods to solve theseproblems.these discussion is for drunken driving a crime-related provisions in the crime ofdangerous driving.In chapter two, we analyze some provisions in criminal law about driving crime in drunkenstate before issuing "Criminal Law Amendment VIII", summarizes the correlative provisions inother countries which is hoped to help legislate about driving crime in drunken state.In chapter three，combined with the principle of crime equilibrium, from the plot aspect,morphology aspect, penalty aspect,we make an analysis on the deficiencies of drivingcrime-related provisions in drunken state which belong to the driving-in-peril crime in ourcountry.In chapter four，combined with the analysis in chapter three, under the guidance of theprinciple of crime equilibrium,the legislative proposals on the plot of the driving crime in drunken state of the driving-in-peril crime we offer are: the punishment of drunken drivingshould take into account the circumstances, such as time, space, and age.the legislativeproposals on the form of the driving crime in drunken state of the driving-in-peril crime we putforward are: the content of the dangerous driving crime should be extended,the Perilous guilty,result guilty and consequential-aggravated guilty in the drunken driving should be contained. thelegislative proposals on the penalties of the driving crime in drunken state of the driving-in-perilcrime we bring forward are: the additional qualification penalties should be set for jailbird,thepunishment should be stricter more than ever before. civil servants should be punished such asdismissed from service、dismissed from the party、 informed criticizing on the extent of theircrime.