Study On The Law Applicable To The Crime Of Drunk Driving

"Drunk" as a social phenomenon, it comes into being with the advent of the era of automobile, its harm to society and with the development of the automobile age, along with the increase in the number of traffic accidents, especially the malignant traffic accidents make people gradually reduce tolerant of drunk driving behavior.2011 amendment to the criminal law of the People’s Republic of China (eight) "(hereinafter referred to as the" criminal law amendment (eight) ") will be "drunk driving behavior into the scope of the adjustment of the criminal law, should be added to the dangerous driving crime, although it is new, but" drunken driving "case is common in the judicial practice, and is one of the more common criminal, and impose administrative penalties on" drunken driving "original, now rising to a height of crimes," drunk driving into the master of sin "in the understanding of the need to have a comprehensive system. To this end, the author mainly around "drunk driving into the punishment" the legislative background and the reasons, significance, etc., expounds the "drunken driving" into the subjective and objective aspects of crime determination, "drunk" whether analysis shall be investigated for criminal responsibility, as well as the "drunken driving" specified in the dangerous driving crime, the limits of it and other related charges, contact, analyzes the "drunken driving" into the crime in the judicial practice in the existing problems and put forward advice on how to improve, in order to judicial practice how to determine whether the "drunken driving" into sin and the sin after how sentencing to provide certain reference.