A Study On Issues Concerning Drunk-type Dangerous Driving Crime

With the increasing accidents caused by drunk driving, Criminal law Amendment(Eighth) of the people’s Republic of China has formulated drunk driving to be a crime amid controversy, before which dangerous drunk driving would only be punished in accordance with Criminal Law and a perpetrator could be convicted traffic accident crime or the crime of endangering pubic security with dangerous behaviors and the punished according to his/her sujective intention and pychological attitude. However, in the absence of serious damage, only Administrative Law can be applied. However, due to the insufficient intensy of administrative punishment, drunk driving cases are endless and increasing. To curb the occurrence of such cases, drunk driving shall be regulated undel Criminal Law. "Drunk driving into the punishment" effectively bridges the gap in criminal legislation, proving a good reference for the punishment intensity of drunk driving.This article is mainly composed of four parts, The first part explores whether all drunk driving should all be convited and punished. The author holds the opinion that drunk driving should be treated differently according to varying situations. The second part discusses issues about objective elements of drunk-type dangerous driving crime, including the cognizance of road,drunkeness and motor vehicle.By analyzing the different academic views, the writer gives her own point of view. The third part examines subjective elements of drunk-type dangerous driving crime, mainly including intention Theory, Negligence Theory and Intention Compound with Negligence Theory. The author thinks that subjective pychologial attitude of drunk-type dangerous driving crime is indirect intention. The fourth part combs drunk-type dangerous driving crime’s relationships with traffic crime and the crime of endangering public security with dangerous behaviours respectively, and gives a comprehensive analysis of the relationships among them. The author thinks that the joinder of offenses of drunk-type dangerous driving crime with traffic crime or with the crime of endangering public security with dangerous behaviours are all imaginative joinder of offenses. The concurrence of the three should be handled according to the differences of individual cases.