Research On The Criminal Law System Of Drug-addicted Driving Behavior

Recent years,although China’s crackdown on drugs has been carried out in an orderly manner,with the increase of Internet drug trading methods and the mixed abuse of various narcotic and psychotropic substances,the number of drug abusers has continued to rise,and China’s drug problem is still serious.At the same time,traffic accidents caused by drug-driven driving occur frequently,and there are many news about drug-driven driving leading to major casualties and property losses,which has aroused widespread concern from the public.The Eighth Amendment to the Criminal Law includes drunk driving as the crime of dangerous driving,effectively controlling drunk driving,and the number of traffic accidents caused by it has decreased year by year.Compared with drunk driving,whether it is drug use or drug addiction attacks,it has an immeasurable impact on driving behavior,and has the same or even higher danger and social harm.However,the existing criminal law crime system does not provide prohibitions on drug-based driving and corresponding punishment methods for violating the regulations,and relying only on existing administrative regulations and relevant judicial interpretations of criminal law cannot effectively prevent and combat frequent drug-using driving.At present,the definition of relevant concepts in drug-addicted driving in China is still relatively vague,and there is a lack of clear basis for program settings and detection methods.As a result,there is a lack of practical and effective control over drug-addicted driving behavior in practice,and road traffic safety is difficult to guarantee.In order to better protect the safety of public road traffic and the legal interests of the public,it is urgent and necessary to control drug-based driving behavior through criminal regulations.Through the retrieval and statistics of cases,this paper understands the current social status and legislative status of drug-addicted driving behavior in China,and systematically studies the criminal laws and regulations of drug-addicted driving.It is found that at present,China’s criminal legislation lacks attention to drug-addicted driving behavior,and there are still many problems in the regulation of drug-addicted driving behavior.In terms of legislation,the definition of drugs is vague,it is difficult to cover various new synthetic substances,and the definition of drug-based driving behavior is also controversial in academic circles.In practice,due to the lack of clear conviction and sentencing standards for drug driving,different sentences in the same case occur,and the authority of criminal law is damaged.The existing administrative regulations do not have sufficient deterrent power for drug driving,and it is difficult to connect with criminal law provisions,making it difficult to effectively prevent and punish drug driving.By studying and referring to foreign regulations on the definition methods,criminalization methods,detection methods,punishment measures and other aspects of drug-using driving behavior,and combining with China’s legislative status and basic national conditions,China’s criminal laws and regulations on drug-addicted driving behavior can be further improved.Firstly,provide a general definition of drugs to address the emergence of various new synthetic drugs and clarify the definition of drug-related driving behavior;Set up roadside detection procedures and determine the subjective mentality of the perpetrator,in order to determine reasonable and effective conviction and sentencing standards;Legislation will incorporate this behavior into criminal law regulations by listing it,and establish penalties that are commensurate with its danger,prohibit probation and parole,and provide subsequent mandatory drug rehabilitation measures.By improving the regulation of drug-related driving behavior in China’s criminal law,we will crack down on such behavior that seriously endangers public safety and protect public legal interests.