The Study Of The Reality Controversial Theory Of Drunk Driving

In the21st century, the socialist market economy has been rapid development in our country. Our life has entered the automobile era, but the accompanying traffic accidents frequently occur due to the drunken driving. The "criminal law amendment (eight)" has been put drunken driving behavior into the scope of criminal law, but because of the new charges just apply and the appropriate judicial interpretation has not yet issued. Thus it led the Court to confusion because of the different standards and grasp of understanding the differences. It also makes the drunken driving in encounter a lot of difficulties in the application of judicial practice. In theory, the debate surrounding the drunken driving is still constantly. There are many problems in theory and in the application of criminal law; we also need to further comb. In this paper, the author discussed the controversial problems of the drunken driving in practical use; hope to be able to perfect the drunken driving.The full text is divided into four parts:The first part provides an overview of basic information on drunken driving.The part including the background of drunk driving into the punishment, the provisions of the criminal law on drunken driving, the concept and characteristics of drunken driving and the practical significance of drunken driving.The second part:combined with three typical cases, the author expounds the reality dispute situation of drunken driving crime. Mainly through the analysis of specific cases, put forward their controversial problems:the application of the "drunken" standard issue, the identification of "Motor vehicle", the crime plot limits of drunken driving, and the connection problem of punishment and administrative penalty.The third part:this part analysis the disputed issues of the crime. The author has carried on the rational analysis to the following questions:the application of the "drunken" standard issue, the identification of "Motor vehicle", the crime plot limits of drunken driving, and the connection problem of punishment and administrative penalty.The fourth part:mainly put forward suggestions to perfect the drunken driving from the legislative and judicial aspects. On the legislation, the author puts forward the reasonable set the principal punishments and supplementary punishments additional advice. At the judicial level, the author suggests that the country should as soon as possible to regulate drunken driving cases of judicial interpretation of the new law.