The Criminal Responsibility Of Drunken Driving

Recently, the increasing drunken driving has caused much serious traffic accident. The Eighth Amendment to Criminal Law (draft) responses to public opinion and will list an independent charge for drunken driving. Then return to the Legislative rational, the scientific, necessity and feasibility of this article are controversial. It needs further discussion.Based on the analysis of legislative texts will contribute to a more intuitive grasp of drunken driving and its criminal responsibility. Our discussion is based on the following premise:the Eighth Amendment (Draft) to Criminal Law will go into effect; the charge is scientific; the criminal responsibility is possible; and the legal system of drunken driving is sustainable. Drunken driving is part of Dangerous driving. Its scope exists among the crime of causing traffic casualties, the crime of intentionally endangering public security by other dangerous means, and the traffic violations. Drunken driving is a conduct crime. The behavior of drunken drive on the road is a crime, and independent on the results. The subjective aspects of crime is intent, and it's no the discontinuance situation for crime.For the development and perfection, it should be strictly restricted to expand explanation in order to maintain the bottom line of the humility principle of Criminal Law; adjustment the legal system in force, and handle the difference between illegal and crimes; adhering the temper justice with mercy criminal policy, delay the time of enter the article into force, and emphasize the legislative intent is prevent rather than penalty.The crime of drunken driving behavior is necessary, but the legislation of drunken driving should be prudent. How to balance the will of public and the spirit of law, the generally acknowledged truth and the legal principle, the humanity and the reasonableness, is a hard work for the Eighth Amendment (Draft) to Criminal Law,...