Legal Analysis On Drunk Driving Hit-and-run Behavior

In recent years, our country have had a series of malignant "hit-and-run" case drunken driving, cause serious consequence, caused the wide attention of all social sectors and a heated discussion. Mr. Zhang for drunk driving in Heilongjiang province hit-and-run. Hit-and-run become because of endangering public security with "sin" was among the first one. This paper selects the drunk driving in a hit-and-run Mr. Zhang this representative cases, according to the case, the key point of contention in danger from traffic offences and method of the definition of endangering public security directly, sin intentionally or indirect intentional distinction, drunk driving can light, hit-and-run for victim-offender-reconciliation system aspects are analyzed.In view of the above several aspects of the problem, this case debate issues from the perspective of the criminal law, and analyze reasons things out forward their own views and suggestions.Based on the relevant provisions of related laws and regulations and legislative intent of the analysis, in the first trial to evaluate the case based on the case as reflected on the legal issues related to further analysis and reflection, the existing criminal law and legal theory The framework of the provisions. Firstly, the focus of debate on the case described the legal analysis, Secondly, how to accurately grasp the malignant behavior of the subjective; in the sentencing of the perpetrators of the actual time of the offense can identify and control be considered as appropriate; How to grasp the relationship between civil liability and sentencing; careful to apply the death penalty and so on are analyzed and discussed, Finally, drunk driving criminal case through the judicial dilemma in the study and analysis of legislation, judicial practice and the legislative level, make the moment of drunken driving on the idea of criminal responsibility and identified solutions to this problem. In order to better reflect the areas of criminal law "people-oriented","justice for the people" of the modern judicial philosophy, to promote the progress of the socialist rule of law.