Reflection On The Crime Of Drunk Drivin

With the significant improvement of the national living standard,the number of vehicles and drivers in our country have been climbing.With that,it is that our country has surged in the recent years with dangerous driving cases,even surpassing the "top" larceny crime once,becoming the highest crime rate in criminal cases in our country.Of these,most dangerous driving cases involve drunk driving.From a macro point of view,the frequency of this crime is always high in the whole,and more and more people are labeled as "criminals".From the micro point of view,there are some problems,such as different recognition of the elements of the crime and different judgment of the same case.Based on this,a series of problems of drunk dangerous driving crime should be solved urgently.This paper mainly analyzes from three parts: the basic judgment of the incriminating elements of drunk dangerous driving crime,the concrete implementation of the path of crime and the actual definition of joint crime,including the following parts:The first part elaborates the judgment conditions of the crime of drunken dangerous driving,and discusses the two most controversial problems in practice-the identification of the road and the discrimination of the drunk standard.Regarding the identification of roads,this paper mainly discusses whether rural roads and community roads should be identified as roads in the crime of dangerous driving.This paper holds that rural roads with strong publicity should be included in the category of "roads" to meet the needs of actual development,and roads in communities should be judged according to the types of communities(open,closed and semi-open,semi-closed).For the determination of the drunkenness standard in this crime,attention should be paid to the problem that the identification standard disclosed in our judicial practice is too single,and some practices outside the country can be referred to.The second part focuses on the specific path of drunk dangerous driving crime.Firstly,the author analyzes the feasibility of this crime.Based on the background of this crime,the time node and the influence of public opinion and other factors,combined with the view of "appropriately raising the threshold of drunk driving into the penalty" put forward by scholars in recent years,the author deeply analyzes the possibility,necessity and ways of appropriate punishment of this crime.The article holds that the crime of drunk and dangerous driving can be implemented through the "province" clause,and the lack of subjective identification of the crime in practice hinders the criminal path,further occupying and wasting judicial resources.The third part focuses on the criminal liability of drunk driving.Many scholars regard it as a typical misdemeanor in the Criminal Law,and the punishment of accomplice is generally lighter than that of the principal offender,so it is worth studying whether it is necessary to punish accomplice of this crime.This paper takes the necessity of punishment for accomplices of drunken dangerous driving crime as the focal point of discussion,and makes it clear that although this crime is a minor crime,its accomplices cannot be excluded from the scope of criminal punishment of course,but should be limited to the types of abettor,accomplice and indirect principal,and cannot be excessively punished.Then,the paper discusses the theoretical basis of punishment for accomplice of this crime,including the theory of liability accomplice,the theory of illegal accomplice and the theory of causation accomplice,and lists the situation of constituting and not constituting accomplice respectively.