Legal Analysis Of The Penalty For Drunk Driving

Through the modification about traffic offences crime on 《Criminal Law Amendment (eight)》,we can clearly see that drunken driving has been included among the adjustment range of criminal law. So, firstly, I will make analysis drunk driving behavior, discourse the concept and characteristics of the drunken driving behavior, clearly identified with the "drunken" state standards, elaborate the reason of frequent occurrence of drunken driving behavior. Secondly, the paper will from an economic point of view to make analysis of drunk driving into the punishment. This is also the innovation of this paper. According to the comparison of costs and benefits, proving drunk driving into the punishment is a general trend. It is necessary and reasonable. Thirdly, I will compare the drunken driving behavior with the behaviors which would endanger the public safety to distinguish the difference between them. Fourthly, the article will elaborate the related legislation of foreign countries and regions on drunk driving behavior. Finally, I will put forward a sound measure to improve the relevant legislation of drunken driving behavior.The paper is mainly made up of three parts, including introduction, main text, conclusion. And the structure and content of main text is as follows:Chapter One will make analysis drunk driving behavior. The first section start from the concept and feature of drunken driving behavior, and then give the nature of drunken driving behavior a correct definition. The second section discuss the recognized standards of "drunk". The third section make analysis the reason of frequent occurrence of drunken driving behavior.Chapter Two will from an economic point of view to make analysis of drunk driving into the punishment. This chapter make economic analysis from a national perspective and a personal perspective. According to the comparison of costs and benefits, proving drunk driving into the punishment is necessary and correct.Chapter Three will analyze the differences between the drink-driving offenses and other related crimes. The first section introduction the differences between the dangerous driving crime and traffic delinquency crime. The second section introduction the differences between the dangerous driving crime and crimes of endangering public security. By the comparative analysis, it illustrates the differences between dangerous driving crime and these types of crimes, it make us understand the boundaries of these crimes more clearly.Chapter Four elaborate the related legislation of foreign countries and regions on drunk driving behavior, including Japan、Germany、America、Britain、Canada、Australia and Hong Kong、Macao、Taiwan of Chinese.Chapter Five make a few suggestions to improve the relevant legislation on the basis of management experience of other countries and regions on the behavior of drunk driving.