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Drunken Driving Problems Analysis Of Crime

Posted on:2012-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:W L WuFull Text:PDF
GTID:2166330335472617Subject:Law
Abstract/Summary:PDF Full Text Request
with the development of economy, China has become the car ownership is one of the fastest-growing state. In recent years, the news media constantly quote us like racing, drunk driving and serious speeding and other dangerous driving behavior of the slain caused major malignant traffic accident case. Facing such cases, in a dangerous method constitutive elements and endangering public security for SINS which one end? Become the focus of the debate. Obviously, in China's current legal framework applicable for which the criminal responsibility to threats, will meet criminal theory of obstacles. On days of partial light "traffice offences" and heavier "dangerous means to endanger public security sin" between, there exists a vacuum zone. This shows our country law is missing. Therefore, in 2010, the National People's Congress standing committee launched including will drunk driving behavior into sin, the amendment of criminal law (8) the research of drafting. February 25,2011,11th NPC standing committee vote to pass the 19th meeting the amendments to the criminal law of the People's Republic of China (8) the ", drunken driving this vicious hit-and-run behavior also was eventually established as a crime. However, the criminal law amendment (8) about the provisions of the drunk driving crimes indictment description, such limited simple to criminal law theory and practice still left a confused and controversial space. Therefore, this article, from the criminal law amendment (8) the relevant drunk driving crime legislation evolution characteristics and the punishment of crime constitution proposed and analyzed briefly, drunk driving behavior convicted difficulty. Through the criminal law of foreign relevant provisions of the drunk driving behavior investigation concluded that the drunk driving knotty problem solving key is introducing reason free behavioral theory. Using reason free behavior theory determine the subjective content, drunk drivers clearly with the sin sin drunk behavior of boundaries. Meanwhile, the paper then to criminal law amendment (8) the drunk driving specified crime re-examine for drunk driving, and puts forward the legal punishment and criminal shape, the amplitude of the new understanding, hope for drunk driving crime legislation perfect contribute.
Keywords/Search Tags:Drunk driving crime, Traffice offences, In a dangerous means to endanger public security of sin, Reason free behavioral theory
PDF Full Text Request
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