Legal Consideration On The Punishment Of Drug Driving Behavior

With the improvement of people’s living standards, more and more people own car, on the one hand it’s convenient to people’s daily lives, on the other hand because of the driver violation of traffic regulations, the phenomenon of traffic accidents frequently occur, especially drunken driving and drug driving, the former has the appropriate legislation to regulate, for the latter, because of the number of people who drug less than drink, the number of people who drug driving less than drunk driving, it’s can’t cause people’s attention, only serious accident occurred when people’s vigilance, there are a series of administrative regulations to regulate drunk driving, but not all aspects of circumspect, can not fundamentally solve the drug driving behavior harm so the drug driving behavior has not been well controlled, especially in recent years, due to the serious accidents caused by drug driving behavior significantly increasing,we need the legislative department to give a clear way to drug driving, the author based on the current development in China, proposes to expand the jurisdiction of the dangerous driving offenses, to punish the drug driving behavior, regulation to the crime of dangerous driving offenses, to improve the relevant laws and regulations better.This paper mainly expound the drug driving behavior from the following five aspects.The first part briefly the drug driving behavior,definition the behavior from drugs, drug, driving and other aspects of the aspect and give a brief summary of the characteristics of drug driving behavior, expounded China’s the current situation and the serious social harm of drug driving behavior by some typical cases.The second part, the author analysis the legality to punish the drug driving behavior from subjective and objective aspects,objectively to clarify from legal interests invasive, then shift to give a brief introduction from the perpetrator’s subjective malicious.The third part to instructions the practical urgency to punish the drug driving behavior by the extraterritorial legislation on drug driving behavior,and enumerated Continental Law system and common law system relation country Legislation for drug driving behavior Enlightenment to our country, and then analyzed the lack of legislation in the presence of drug driving behavior, including lack of administrative law and criminal law.The fourth part illustrate that it’s necessary to regulate drug driving behavior from administrative law, criminal law and supporting system,but now there are legal gaps,it’s urgent need the criminal law to sanctions.The fifth part the author explain the legitimacy reasons to punish drug driving behavior from related criminal legislative level, the justice level and supporting law,put the drug driving behavior to dangerous driving, and give own opinion in sentencing standards and identified standards.