Punishment Analysis And Legal Introspection On Drunken-Driving Behavior

Richard A. Posner has once said that the ultimate of law is a problem of'how to solve problems'. Determining the nature of drunken-driving behavior and how to solve it in the law of our country concern not only the punishment of the drunken-driving behavior, what is more important is to govern those dangerous behaviors that would endanger the society. Drunken-driving usually cause significant traffic accidents and cause severe person damage and property loss, it seriously threatens the stability of society. With the emerging of high frequency of traffic accident, people are showing unprecedented attention and anxious on their life and property security. Under this circumstance, the voice of putting penal punishment on drunken-drivers is higher and higher. To those common people, it is significant to choke the situation of high frequency of traffic accidents and guarantee their life and property security. It is a popular belief that to place the traffic accident crime on the drunken-drivers is not enough for crime punishment and prevention of crime and too soft punishment. Sentence of punishment can not match the damage caused by drunken-driving. Just as some drivers when they have caused trouble, they say that "it is just about money", this is the most significant ignoring on law. People have the common willingness that the level of punishment to drunken-drivers should be strengthened.While present law often determine the conduct of drunken-driving to be traffic accident, which mismatch the principle of the responsibility in accord with crime, and justice could not show, and what is more important is it could not prevent and reduce drunken-driving behaviors. Drunken-driving action threatens most people's property and life and threatens public security; meanwhile doers know exactly that drunken-driving is illegal and threaten the public security but insist on drunken-driving by ignoring laws and regularities, which makes a subject intent and accord with constitutive requirements of crime of intentionally endangering public security by dangerous means. Therefore, to achieve the goal of punishment and anticrime, based on the circumstances of high frequency drunken-driving, the author conducted some basic study on the significant accidents happened in recent years in our country and relative laws on drunken-driving in our country. Some opinions and academic viewpoints are presented.In this thesis, analysis of drunken-driving behavior is studied from mentality to practice through looking into several drunken-driving accidents which are of great significance and cause people seriously injured or death, this is the clue of research of this thesis on penalty and punishment of drunken-driving behavior, theoretical analysis on traffic accident crime of our criminal law and dangerous way of damaging public security is the basis for bring drunken-driving behavior into criminal law categorization.There are mainly five parts except introduction and conclusion in this article:part one is the practical description of drunken-driving behavior in our country, powerless of judicial punishment and flaw of legislation regulation are pointed out. In part two, analysis on the psychological state of the doers from the legal sense are done by starting with the analysis of common drunken-drivers'drunken psychology, and then analyze the subject mind of.doers from law sense perspective, through distinguishing psychological state of subjective self-confidence fault and indirect intent to point out subjective psychological analysis of drunken-driving trouble maker. Based on the discussion of the second part, the third part of this thesis analyzes how to declare guilty by distinguishing different subjective psychology and practical results, and in the fourth part, adoption of circumstances of sentencing to drunken-driving behavior are discussed under practical circumstances. In part five, the author further explored the necessity and feasibility of putting drunken-driving punishment into criminal law categorization by looking into foreign governing experiences to drunken-driving behavior and domestic judicial punishment situation of drunken-driving.Finally, now that we have seen the severe harmfulness of drunken-driving cases, it is essential to prevent them severely, penalty is important, however, we must make sure that to deal with this kind of cases, the emphasis should be put on precaution. Both emphasize law measures of governing, which are composed of administrative measures and criminal measures, what's more important is that we should pay attention to the society and the expression of conditions of the people and will of the people, forming of civilized social morality has much greater significance to prevent this kind of crimes.