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To Investigate The Criminal Legislation Of Drug Driving

Posted on:2016-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2296330467493695Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the rampant drug-related crimes, drug cases increased year by year driving a motor vehicle, drug driving hazards intensified, and has become a thorny issue, like drunk driving seriously endanger road safety. Since the implementation of the crime of dangerous driving, drunk driving behavior has been significantly curbed, traffic safety has been significantly improved. The possibility of drug driving accidents caused by drunk driving significantly higher, however, for drug driving behavior of regulation is still in the legal gaps. All sectors of the legal profession and other scholars have called for the need to discuss the issue of drug driving into the penalty and urgency, which public opinion is also growing attention. In response to escalating drug addiction because after driving a motor vehicle accident led to the status quo, it is necessary to drive the behavior of poison into the regulatory scope of the criminal law. In this paper, poison driving into the penalty issue was discussed, the full text is divided into four parts:The first part discusses the necessity of drug driving into the penalty. First, the drug-related driving define the concept, elaborated on drugs, drug identification, on this basis, to determine the "drug driving" meaning discussed in this article, is to discuss drug problems driving into the penalty provided a conceptual premise and infrastructure; second, to analyze drug driving hazards jurisprudence, and enumerates some typical cases to demonstrate drug driving seriously endanger traffic order and public safety; and finally, from both administrative and criminal law shows that our regulations for drug driving problem The legislation has shortcomings.The second part of the legitimacy of drug driving into the penalty described. First, the purpose of the criminal law theory analysis, combined with drug-related problems driving into the sentence, explain the purpose of drug driving into the penalty fit the needs of the criminal law; second, explains the functions of the criminal law and discussion demonstrated the need to solve the problem of drug driving play function of criminal law, drug driving into the penalty function is reflected in the criminal law.The third part describes the drug driving into the penalty is reasonable. The purpose of Criminal Law from poison elaborated driving into the penalty is a manifestation of the purpose of the criminal law, elaborated drug driving into the penalty is not a violation of criminal law from the stability of the stability requirements of criminal law, to investigate our drug driving through the study of the problem of drug driving experience extraterritorial legislation the punishment is reasonable and feasible.Part IV study drug driving into the criminal legislation envisaged drug driving into the penalty proposed legislative proposals. Through the establishment of standards for drug driving offense study describes drug driving are abstract Perilous, and drug driving offenses subjective and objective elements are analyzed, and then study the specific drug driving into the penalty is set to include the crime of dangerous driving, the punishment to explore settings to the way the amendment into the sentence.
Keywords/Search Tags:drug driving, urgency, legislation envisaged
PDF Full Text Request
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