| In recent years, the drunk driving problem has become a hot social issue,Which is a controversy mixed discussing by scholars, legislators and people of the punishment Social progress, civilization and modern conflict is embodied in the social behavior of drunken driving. While drunk driving causing high incidence of traffic accidents also makes it imminent to put drunk driving into the criminal. Due to drunken driving accidents accounted for50%-60%of the traffic accidents. The sound of condemned from masses and the media is suddenly rising. Because of the drunken accident intensified, the Ministry of Public Security decided to an emergency special action to carry out a three-month renovation of drunken driving in August2009immediately. In just ninety days across the country public security authorities seized a total of over213,000drinking-driving behaviors, including drunk driving32000cases, resulting in600deaths and1573people were injured due to drunk driving. In2011, the local public security organs increased efforts to deal with drunken driving,carried out a variety of special rectification and promotional activities, and road traffic accidents has declined, but the first half of year still has91811traffic accidents, resulting in25864deaths,106370people were injured. The direct property loss was440million yuan. The lag of adjusting the drunk driving behavior by administrative law has emerged.Rely solely on the administrative law of the adjusted and penalties for the behavior of the drunk driving penalties are too light, the lack of the necessary deterrence is a very important reason. Economic progress and prosperity will inevitably bring about the emergence of new social conflicts, family lifestyle changing will inevitably bring about new social problems of the appearance. The surge in the number of private cars in China’s national conditions, while cars became a life of routine travel patterns, the new illegal problem brought caused by this also need laws to change and adjust."Drunken driving" into criminal with its historical inevitability is the inevitable result of social progress and the comprehensiveness of law. New social contradictions relative to adjust by the new legal system, truly reflect the value of the law."Criminal Law"in additional crime of "dangerous driving ", that is unified criteria for sentencing, and also filled a defect of China’s "Criminal Law", Conducive to the judiciary for the behavior of human behavior to make an objective and impartial judgment to achieve the responsibility and punishment adapt. But in the "Criminal Law Amendment (8)"only tied these two acts of drunken driving and drag racing simply, and did not set the fallback provisions not set a separate crime of drunk driving, this is definitely a regret.The harmful to society of drunk driving behavior pose a great threat to social and public security, there should be a strong legal provisions to regulate it. Drunken driving into the criminal is like "a sword of Damocles "hanging on every alcoholism driver’s head, Let them fear of severe criminal law and away from the cab."Drunken driving into the sentence" is a rational choice of a mature society ruled by law,it is also the legal protection of basic rights of the right to life, and it reflects public opinion to promote the rule of law system perfect. |
