"Drunk Driving" Accident Qualitative Analysis Of The Behavior

Research of this article is about the behavior of people inaccidents caused by drunken driving charge state identification andsentence to determine, through the legal analysis of a typical case,which rationalize the point of contention in both the theory throughthe use of many scholars, I made about how to properly convicted ofdrunken driving theory. At the same time, by analyzing the chargesand sentence cases inconsistencies, make relevant judicial suggestionsto the law for drunk driving accident similar behavior to achieve finewhen the severity of the offense, the overall effectiveness of socialfairness and justice taking into account the case.The following text is divided into five sections, of about20,000words.The first part of the Introduction. This paper describes theresearch method to study the theoretical significance and practicalsignificance. The second part, cause of action and the case. This section is tointroduce the case, explain the circumstances surrounding the matterclear to the back of the case for the analysis of disputes and legalbasis.The third part, the focus of controversy. The main part is madein cases of differences of opinion lies, and different points of viewsheld by parties concise exposition.The fourth part, the legal analysis. That portion of the trafficcrime and to risk endangering public safety crime are discussedtheoretically, from the criminal objective aspect and subjectiveaspects of the two crimes carried out to distinguish between,combined with circumstances of the case, the control in recent years,the occurrence of several typical "wine drive cases, come to Chencriminal negligence, by committing offenses should be defined for theCrime of the conclusions; Second, the secondary impact behavior,Chen cases driving hit the bus behavior is an impact out of control follow-up after the crash, does not constitute a secondary impact, thePublic Prosecution Service should not make an assessment of theimpact the other; again, seeking behavior on the escape behaviorafter the incident identified to distinguish between different scenariosto explore, combined with the case of Chen’s medical treatmentanalyze the behavior of Chen Mouzhao later left the scene not out ofthe objective can not, their actions are consistent with the nature ofthe Traffic Casualties; Finally, to explore the reasonableness of thesentence imposed by the defendant, finds that the sentence in linewith their behavior harms to society nature, however, the Crime ofthe set term of imprisonment, its difficult to regulation, whichrequires legislators have a deep understanding of the development ofthe social situation changes, continue to improve laws to overcomethe lag of the law itself, to adapt to China’s current fight againstdemand for criminal. The fifth part, my conclusion and revelation from the case. Asthis final section, which focuses on the whole case to summarize,present conviction and sentencing of such cases the correct advice.For the Crime and public safety to the crime of endangering thedifference between those who want justice to be an accurateunderstanding, not too much in order to achieve social benefits, inviolation of legal principles to appease the resentment of a conviction,the offense should respect the regulation itself scope and bindingeffect, in order to avoid decision making it difficult for ordinarypeople to understand the situation. Meanwhile, the issues involved inthe case of a moderate extension, and the current status quo ofChina’s legislation on relevant judicial recommendations, forexample, the sentence of the Crime to be modified, making drunkendriving and causing serious consequences can be granted subject toits regulation, to avoid punishment enough and frequent use of "pockets of crime," reveal all convictions of the phenomenon, thuseffectively safeguarding the authority of our criminal law, rigor.