Research On The Legal Issues Of Drunk Driving As A Crime

As dangerous driving is a new crime, it is inevitably that some newproblems in the practice and theory about dangerous driving crime needus to solve. With the drunk driving in dangerous driving crime is theresearch object, this paper focuses on the analysis and the solution ofsome prominent problems in theory and practice, as expect the judicialapplication to achieve good results.This paper’s logical starting point is “after drunk driving be acrime”, which means that all the discussing of question on the basis ofthe existing laws. Analyze and solute the problem is the main purpose ofthis thesis, so the writer organize the whole paper by the “problemawareness”. Each part takes problems as the starting point to begin thestudy and research. From the entity to the procedure, from the standardof crime to the application of crime conviction, to the crime patten, andthen to the proceedings, according to the logic of researching criminalproblem, the whole thesis is divided into four parts:Part One, the conviction standard of drunk driving. This part mainly discusses two criterias: One is the drunken standard, which is based onthe view of “in crime”. The drunken standard is stipulated explicitlyin existing law. But it is challenged by people because it’s not to takeinto account the individual difference. So we research the problem of itsperfection here. Anothern is the risk criterion, which is based on theperspective of “out of crime”. The risk criterion is not written inexisting law, so the first of all need to solve is to introduce theoreticalbasis of establishing this criterion. This problem is that the type ofthis crim is behavioral crime, or abstract dangerous crime? In view ofthis controversial issue, through theoretical analysis, the authoreventually defins this crime as abstract dangerous crime, rather thanbehavioral offense, which consequently establish the necessity of usingthis standard.Part Two, the conviction and application of drunk driving. Theconviction is a problem will be discussed after the conviction standardsare ensured. This part mainly talks about two problems in this aspect:One is the subjective culpability. Through the analysis, the basic formof sin of drunken driving is deliberate. Then on this basis, the authorfurther discusses two problems of the sin. Another is the drunk drivingescape. For the special case, we discuss how to state the drunken, andhow to evaluate the escape behavior in criminal law.Part Three, the crime patten of drunk driving. Crime patten is thespecific problem we need to study after conviction. This part mainlystudies on two kinds of forms: One is the cessation patten of crime, whichinclude the complete form of crime and unfinished form of crime. Afterthe analysis, the author believes that there exist all the cessationpatterns of crimin, except the suspension after execute. Another is thecrime number patten of crime. According to the existing law, the authorbelieves that there exists two forms about drunk driving, what is the imaginative joinder offens and aggravated consequence of offens. Thisconclusion is based on analysing the crime of traffic accident and thecrime of using dangerous method to endanger the public safety which issimilar to drunk driving. On the foundation of defining the crime numberpatten, then to solve some fuzzy problems among the drunk driving andthe two similar crime.Part Four, the procedure of drunken driving. As all the researchsabove are the real problems, here will review the criminal procedural,as on the full consideration. The study of proceedings mainly emphasizea "fast", which is directed against the characteristics of drunk driving.Based on analysis of the existing programs, and draw lessons from foreignexperience, the author talk about some of his own ideas.