The Treatise About Our Country’s Administrative Regulation Of Drunken Driving

The general drunk driving in the present related regulations is subdivided into driving after drinking alcohol and drunken drive according to the alcoholicity in blood. In this paper, drunk driving refers to the general drunk driving. After Sun Weiming case, Zhang Mingbao case and Li Mingqi case and some other typical drunk driving cases, drunk driving has aroused people’s attention widespread. Under the background of the public opinion of "drunk driving into the punishment", the11th NPC standing committee19th meeting on February25th,2011has deliberated and adopted amendment8th to the Criminal Law of the People’s Republic of China, bringing drunk driving into Criminal Law. Therefore, drunk driving officially became a charge in Criminal Law.There exist problems in bringing drunk driving into Criminal Law:the current judicial resources in our country are limited; the cost for law enforcement is too high; judicial operation is not practical enough, etc. Therefore, drunk driving can not be suppressed only through the punishment. It is of great importance to regulate drunk driving through administrative measures. However, the current administrative regulation has many shortcomings compared with foreign countries, such as that the cost for illegality is low, the criterion is not scientific, measures for punishment are not diversified and supervision and law enforcement is strict, etc. The present paper aims at perfect the administrative regulations through increasing the cost for illegality, formulating exhaustive criteria and adding measures for punishment on the basis of system construction.