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Drug Driving Into The Penalty

Posted on:2019-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2416330542497938Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the automobile industry,the penetration rate of family cars is getting higher and higher;On the other hand,the drug situation in China is still severe,and there are many new types of drugs.Many people "test drugs" based on curiosity or leisure mentality,resulting in a continuous increase in the number of drug addicts in China each year,especially in the past two years.The age structure of drug addicts shows a trend of low age.Between the car and the drug and gradually derived a strange baby "Drug driving."In recent years,the number of poisonous driving has been getting worse in our country.The number of occurrences has increased year by year.The frequency of occurrence has increased steadily.The number of occurrences has rarely occurred before 2009 and has soared since 2009.Every occurrence of toxic driving causes serious casualties and property losses,and the existing administrative law of our country stipulates that it is obviously unable to cope with the toxic driving behavior and presents a weak situation.In the face of such a vicious traffic accident,people are no longer simply talking about poison driving as a meal,but they are trying to call for the inclusion of poison driving behavior within the scope of criminal law control.They hope that they can quickly and effectively curb the spread of poison driving events.This article is divided into four parts,the first part from the concept of poison driving,the characteristics of social harmfulness and our country's current poison situation data analysis of the situation of poison driving,so that people have a preliminary understanding of poison driving;The second part explains in detail the necessity of drug driving into the criminal penalty,taking three aspects as the entry point,namely,questioning the view of drug driving into the criminal penalty.The third part discusses the feasibility of drug driving in China from the perspective of public opinion,legal support,technical means,successful experience of drunk driving into prison,and the reference of extraterritorial legislation,and gives people a boost.Although the poison driving penalty has the difficulty of being "like iron",it is not impossible to operate.Many angles show that the poison driving penalty is developing toward a positive situation.The fourth part is to express the author's relevant legislative suggestions on the introduction of drug driving in China,including how to convict the drug driving behavior,the content of the crime,how to punish the penalty,the penalty setting and the penalty consideration factors.
Keywords/Search Tags:Drug driving into the penalty, Necessity, Feasibility, Legislative recommendations
PDF Full Text Request
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