Legal Thoughts On The Punishment Of Drug Driving

Our country is not yet on the concept of "poison" driving behavior to make clearly defined, scholars, understanding of the behavior is also independent. In this article, the author defines it as: poison driving behavior, refers to the driver of a motor vehicle for serving the national control of narcotic drugs or psychotropic drugs, after in drug efficacy during internal motor vehicles on the road driving behavior. Poison driving behavior has its unique features, such as the complexity of the subject; The uncertainty of the concealment of the behavior and danger.At present, the phenomenon of motor vehicle driving after drug use more and more, which has become increasingly serious drug problem is the important cause leading to the frequent occurrence of this phenomenon. Although in recent years, the public security department gradually increased intensity of the blow for drug-related crime and punishment, but the types of drugs and trading means upgrading faster the law enacted, the continuing the spread of drugs in the domestic sphere of influence of drug subject age also change from high to low, drug abuse has become some people’s leisure entertainment. Now, reach out to transportation has lead to drug driving problem is increasingly serious.According to relevant data statistics show that 2005 years ago, drug traffic accidents caused by driving rarely happen; Around 2008, by driving events increased media coverage of poison; From 2009 onward, drug driving traffic accident caused by the rapidly rising obviously. Social people begin to pay close attention to real drug driving this behavior from April 22, 2012, Jiangsu after major toxic driving incident. Has raised questions about drug driving across the country. In recent years, following media reports, every year we see or hear news about poisonous driving. Thus led to a nationwide condemnation of poison driving behavior, driving into the punishment for them is to break out with a poison, which is mixed with poison to drive into the point of view. In "criminal law amendment(9) during the period of review, part of the National People’s Congress on behalf of initiative will poison driving behavior in criminal law of dangerous driving sin, as another behavior characteristics of the crime, in fact, this initiative in" criminal law amendment(eight) "has been put forward in the review process, but not by the" criminal law amendment(9), "but did not pass on the problem, more evidence for the" poison should driving into the punishment "this problem also need to be careful thinking.The author mainly from the following two aspects were analyzed. First of all, of poison is driving legislation in our country, there is no law. If there is for driving a motor vehicle in the road safety condition limit, the prohibition of the punishments for drug addicts of legal norms, the punishments for violating the regulations of public security administration provisions, also have the corresponding to the onset of drug driving criminal norms, etc. Second, driving into the punishment exist some difficulties and problems with a poison: social harmfulness, poison driving behavior is difficult to determine. Due to complex and varied kinds of drugs, to eat different kinds of drugs and the impact of different doses on human intake will be different, in addition, also have the same subject to multiple types of drug at the same time, the different kinds of drugs in the cross reaction in the body the result is unpredictable, we advance and the individual’s age, sex, its constitution, the influence of drug metabolism in human body how fast would have been different. Therefore, different individual’s state of mind after drug use can vary, such as some spirit is extremely high, and even produce illusion; Tired some depression, lethargy, but can’t rule out drug use has a negative influence on motor vehicle driver’s driving behavior is not the exception. Two, poison driving behavior itself is difficult to affirm. Existing poison driving detection technology conditions of our country fails to match the poison driving into the punishment, rushed to convict poison driving behavior does not, of course, play a role of criminal law protection of social law benefit. Three, poison driving behavior into the punishment is not in conformity with the penalty purpose. Is through to the criminal punishment and criminal intention of people in the society, so as to realize the purpose of preventing crime, it is a kind of conform to the public perception of the facts. Therefore, crime prevention is the main purpose of the penalty. Once seized the drug addicts was sentenced for compulsory drug addiction rehabilitation, and law enforcement personnel will be according to the different situation of drug addicts, of different rehabilitation period, some time the shortest one year, some of the longest period of three years. But if the poison driving in dangerous driving sin, so for motor vehicle driving after drug use behavior person highest criminal detention only sentenced to six months. Obviously, in terms of time than the penalty punishment for compulsory drug addiction rehabilitation period is longer, the most important thing is that is more fundamental than criminal penalties for compulsory drug addiction rehabilitation effect. Four, poison and driving behavior without the necessity of criminal punishment. In the society all kinds of risk or danger, on the premise of take other effective measures to solve may be more than the simple law prohibits can achieve the desired effect. Poison control the expanding need fundamentally in driving behavior, which requires the public security traffic management department and drug control departments, the cooperation between the poison driving behavior for source control, rather than a poison center the management work are all given to the criminal law. Criminal law is a kind of social regulation only, can’t solve all the problems on criminal law, this overextended control scope of criminal law, the criminal law of deterrence weakened and even lost.In this paper, in addition to the introduction to the article discusses from three parts:The first part, the definition of poison driving behavior, poison characteristics of driving behavior and the brief analysis of the current society of the poison driving behavior, and two views of poison driving into the punishment were introduced briefly.The second part, the author have challenged poison driving into the punishment, and through the law of Chinese and foreign listed on poison driving behavior and driving into the punishment the existing difficulties and problems with a poison two aspects to our country driving into the punishment unnecessary and not feasible for analysis.The third part, through summarizing problem of poison driving behavior in our country, puts forward some Suggestions for poison drive governance problems in China, hope to be able to make better public traffic safety control.