On The Legal Regulation Of Drunk-driving Behaviors

Drunk-driving behavior has not been criminalized completely in China's law. We regulate these acts mainly based on its hazard results: The drunk-driving behavior of non-hazardous is punished by the traffic police department; and the drunk-driving behaviors, which lead to serious consequences, is convicted and punished by the judiciary. On the whole, the biggest drawback of current regulation mode is lack of a strict legal network to regulation Drunk-driving behaviors. It also led to unfairness such as "the same crime in different sentence" in Criminal jurisdiction, varying degrees the administrative temporality penalty.Since several major malignant traffic accidents in last year, China has reached a consensus to regulate drink-driving behavior comprehensive. At present, our country would not be appropriate of complete Criminalization of Drunk-driving behavior because of cultural traditions and the basic national conditions. The realistic option is to recognize the dominant position of the executive power in regulation of driving behavior. And the Judiciary should play a role of backing for such a regulatory approach, concentrate on handling Major Traffic Accident cases. In the future, China should carry out a proper system design and a complete model of the criminal law system.