The Criminalization Study Of "Drug Driving" Behavior

In recent years,the malignant traffic accidents caused by "drug driving" have been appearing all over the country,and the criminalization of "drug driving" has gradually become one of the focuses of academic and social discussion.In 2011 and 2015,China introduced two amendments to the criminal law,adding the crime of dangerous driving to bring four types of driving behaviors that seriously endanger public traffic safety into the criminal law for control,drug driving,which has attracted much public attention,has not been mentioned in the two amendments.For a short time,whether drug driving should be punished or not has aroused wide discussion and concern from all walks of life,even many scholars have reservations or even objections to the criminalization of drug driving.Therefore,the author will mainly focus on the "drug driving" criminalization of this issue to launch arguments.The author thinks,"drug driving" crime is very necessary and just at the right time.First of all,by quoting the relevant regulations of the Ministry of Public Security,the author expounds in detail the basic concept,behavior characteristics and current situation of drug driving,further highlight the "drug driving" crime of urgency and reality.Secondly,the author starts from the negative theory and draws the conclusion that the criminalization of drug driving should take a rational,objective and scientific attitude to prevent the legislation from becoming emotional and one-sided.Thirdly,the author expounds from eight aspects that the criminalization of drug driving is not only reasonable but also feasible.The criminalization of drug driving is both in legal theory and in practice,has already had the corresponding premise condition,by the penalty means the regulation "drugs drives" the behavior is the general trend.Fourthly,based on the current characteristics and reality of China’s criminal law,the author draws on the excellent legislative experience of foreign countries and Hong Kong region of China,this paper puts forward some bold suggestions on the description and legal punishment of drug driving,that is,it should be regulated in the crime of dangerous driving to make it more scientific.Fifthly,from the perspective of judicial practice,the author suggests adopting the comprehensive identification standard of "zero tolerance first,threshold setting second,and damage proof supplement",and on the crime and non-crime,this crime and the crime and the execution of the link,so as to have a more Operability in practice.