"Drunk Driving" Into The Sin Plot Study

With the development of economy, and the improvement of living standards, the automobile gradually comes into people's homes; the daily life of the people becomes very convenient. At the same time, people's health and property are threatened. In recent years, drunk driving behavior is a very serious problem, causing a bad effect to the society. In order to punish this behavior, the nineteenth meeting of the Standing Committee of the Eleventh National People's Congress passed the "PRC Criminal Law Amendment (eight)", added the crime of dangerous driving in February25,2011, stipulates:"driver a motorized vehicle on the road racing, if the case is serious, or in the way of drunk driving motor, detention, and shall also be fined." However, things are not so simple. Legislation may not put things right once and for all, legislating and the judicial application. "Criminal law amendment (eight)" did not do serious restrictions on drunk driving. So people began to think, drunk driving should be the crime, whether the drunk driving conviction to plot restrictions. At the same time, for drunk driving behavior, whether it should be the crime, judicial organs and legal experts and scholars'views have been differences. The author thinks that drunk driving behavior can not be treated as a crime, it needs to be treated differently.This paper is divided into three parts:introduction, test and conclusion. First, I use three typical drunk driving cases as an introduction. Through the analysis to the three cases of drunk driving, we can know that drunk driving is different in different circumstances and has different harms. So it is not a simple, but a complex diversity. Thus, in the conviction of drunk driving, we can not simply rely on the law to identify, because in practice, the complex situation is often appear, which requires the drunk driving plot, it is why to study this topic and what significance it has. The second part is about the drunk driving conviction disputes. Whether the public security judicial and scholars, they have different views and opinions on treating this problem. In fact, to sum up, about whether drunk driving is being convicted, they are mainly two kinds of views. Some people think that it should be convicted; another part thinks that it should not be convicted. Supporters think that the main basis is all into sin with the legislator's original intention, to respect the basic definition of law, opponents mainly that it refers to article thirteenth of the criminal law stipulated that "proviso", the plot remarkable slight, less harm was not deemed a crime. The third part is the key part of the article; it is also the author's point. The author thinks that the drunk driving conviction should consider plot and should not be convicted. I mainly from two aspects to explore the reason that drunk driving conviction should consider plot and at the same time the author gives some suggestions on drunk driving conviction.