Research On Criminal Law Adjusting Drug Driving Behavior

With the emergence of serious accidents caused by drug driving behavior,whether drug driving behavior should be punished has gradually become a hot issue discussed by scholars and practitioners.After the amendment of the criminal law,the problem of drunk driving has been effectively controlled,and the problem of drunk driving has been greatly reduced.The previously discussed drinking and driving problem has been effectively reduced after the amendment of the criminal law.but the more dangerous drug driving behavior has not been punished.After paying attention to the reports of drug driving accidents in various places,people gradually have a deeper understanding of the harm of drug driving behaviors,and began to think that criminal laws should be imposed on drug driving behaviors.In fact,the emergence of drug driving behavior is closely related to the large number of drug users and the same large number of drivers in China.Drug driving has become a dangerous behavior that seriously affects the safety of transportation.In 2017,the Ministry of Public Security issued the public security industry standard "drug content threshold and inspection in vehicle drivers",which defined the detection method and detection threshold of drug driving behavior,solved the technical operation problem of drug driving behavior,and further paved the way for the punishment of drug driving behavior.This paper makes a systematic study on the legislation of drug driving into punishment,clarifies the connotation of drug driving,expounds the social harmfulness of drug driving,analyzes the necessity of drug driving into punishment,and drawing on the experience of foreign legislation,put forward suggestions to improve the driving legislation of drug users in China.This paper first defines the concept of drug driving behavior,proposed the concept of drug driving behavior,and expounds the reasons for adopting this concept,and defines the scope of drug driving behavior and driving objects in detail,which lays the foundation for accurate determination of drug driving behavior and punishment.Through the discussion of the social harmfulness and necessity of drug driving into punishment,this paper fully combs the current controversy on whether drug driving into punishment,and puts forward the main reasons.After comparing and learning from the legislative experience of foreign countries,this paper puts forward the legislative path of classifying the drug driving behavior into the crime of dangerous driving,and supplements the corresponding countermeasures of the possible problems in the judicial practice,which provides the legislative and judicial theoretical suggestions for the drug driving into the crime.