A Study On The Issue Of Drug Driving Into Criminal Law

With the rapid development of the economy,People’s consumption capacity continues to improve,the number of motor vehicles rapid growth,the number of drivers has also increased.Among these drivers,the proportion of drug users holding driver’s licenses is on the rise.At the same time,the number of traffic accidents caused by drug driving is increasing.In China,"drug driving",which is highly similar to "wine driving",has been punished and has achieved better results,while "drug driving",which is more harmful to society,has been lacking of criminal law regulation,only the relevant provisions of the Road Traffic Safety Law of the People’s Republic of China,the Regulations of the People’s Republic of China on the administration of Public Security and the Drug Control Law of the People’s Republic of China are covered.But these related laws on "drug driving" lack of regulation,can not be "drug driving" behavior to effectively prevent and combat.In addition,the academic circles also have different opinions on the connotation of "drug driving",which makes it impossible to clearly define "drug driving" in China,resulting in the phenomenon that there is no clear basis for practice in the judicial process,hard to form an effective attack on "drug driving".So on "drug driving",first of all,we should clarify its related concepts and connotation,"drug driving" to a clear definition.With the release of the Ministry of Public Security of the People’s Republic of China,drug content thresholds and testing in vehicle drivers(public safety industry standard of the People’s Republic of China,GA1333 Foshan 2017),domestic "drug driving" should be able to carry out a more clear definition.On this basis,the paper expounds the disputes of drug driving,the present social and legislative situation of drug driving in our country,and points out the difficulties of drug driving.Then from the "drug driving" harm cut-in,based on the case,the necessity of its penalty analysis."drug driving" is very harmful,from the perspective of its social harmfulness and public opinion,"drug driving" into the penalty is necessary.After clarifying the necessity of "drug driving" being pun ished,we can analyze the feasibility of "drug driving" being punished.Now,with the development of drug detection technology,the existing technical problems can be solved,the development of saliva testing technology has also greatly reduced the cost of testing.And from the drunk driving into the penalty achieved good results can be analogized "drug driving" into the penalty can also effectively prevent and reduce the "drug driving" behavior.From the jurisprudence,technical and drunk driving experience can be seen that the "drug driving" penalty is feasible.Then it is to learn from extraterritorial on the "drug driving" advanced legislative experience,by reference to other countries（regions） on the "drug driving" legislative provisions,to our country "drug driving" into the Penal Experience and related enlightenment.Finally,we can design and conceive the relevant legislation of "drug driving" in our country,and through analyzing the element and criminal consequences of "drug driving",we can find a more suitable charge to regulate it,then carries on the concrete charge design to the "drug driving" crime and proposes own tentative plan regarding the conviction standard.Therefore,the author thinks that the connotation of "drug driving" should be clarified,the "drug driving" should be punished,and the relevant laws should be formulated and perfected so that the "drug driving" behavior can be regulated by criminal law,so as to crack down and curb the "drug driving" behavior.