Research On The Legal Issues Of Drunk Driving Crime

The research object is drunk driving crime in the "Criminal Law Amendment VIII" passed in2011.8th Amendment of Criminal Law in article133of criminal law added as article after one of133:"Driving a motor vehicle on road over speed, if the circumstances are flagrant, or drunken driving motor vehicles on the road, shall be sentenced to criminal detention and also be fined. Have the behavior of the preceding paragraph, at the same time meet the other crime, shall be convicted and punished in accordance with the heavier punishment." So the behavior of drunk driving has been brought into the view of criminal law. For the criminalization of drunk driving, to some extent, curb the behavior of drunk driving. Because of the complexity and diversity of the actual situations, the crime of drunk driving still has a lot of problems in the specific application. This article analyzes related problems of the criminalization of drunk driving.The crime of drunk driving is accompanied by severe traffic situations. It is of great theoretic and realistic significance to research on drunk driving.This article has more than15000words, and its structure is divided into five chapters, and its content is divided into three parts:the first part contains the chapter I, describes the background Information of drunk driving; the second part is made up of Chapter II, III and IV, Chapter II, III introduce the Law and legal punishment of Settings of the crime of drunk driving domestic and overseas. Chapter IV settles Controversy that if the behavior of drunk driving should be unified into the crime. The third part is Chapter V; introduce the improvement of system of the crime of drunk driving.Chapter I, describes the background information of drunk driving from two different perspectives,1, the rigorous present condition of road traffic safety in china,2, existing legal provisions and loopholes. Following is the feasibility and necessity of the criminalization of drunk driving.Chapter II, makes an on-the-spot investigation on Occident and Asian countries and regions law on drunk driving and performs a analysis. Finally introduce the rules in our country, and analyze the constitutive elements of drunken driving crime from the criminal object, engraved objective aspect of crime subjective aspect of crime, subject of crime.Chapter III introduces legal punishment of Settings of the crime of drunk driving domestic and overseas. Overseas laws contain qualifications penalty, while our criminal law doesn’t.Chapter IV settles Controversy that if the behavior of drunk driving should be unified into the crime, comes to a conclusion that the behavior of drunk driving need not be unified into the crime.Chapter V introduces the improvement of system of the crime of drunk driving. Makes legislative and judicial performance assessment on crime of drunk driving and puts forward some new ideas.