Research On The Legal Issues Of Drunken Driving Behavior

Through the modification about traffic offences crime on《Criminal Law Amendment (eight)》, we can clearly see that drunken driving has been included among the adjustment range of criminal law. So, firstly, I start from the concept and feature of drunken driving behavior, and then give the nature of drunken driving behavior a correct definition. Secondly, I will analyse from the constitution of crime, discuss from the subjective aspect, objective aspect, subject and object of drunken driving behavior. Thirdly, I will compare the drunken driving behavior with the behaviors which would endanger the public safety. Fourthly, the article will make a detailed analysis on various forms of drunken driving crime, including the crime stopping form, complicity form and quantity of crime form. Finally, the dissertation will solute the problems about investigate and punishment of drunken driving behavior.According to these basic ideas, structure and content of this paper is as follows:The first chapter will discuss the concept and nature of drunken driving behavior. The first section will discuss the concept and nature of this behavior, put forward that, during the process, drunken people know that they are under way in public transport. Section II will discuss the extraterritorial regulation of this behavior. Section III will discuss the development process of drunken driving behavior in our country. The second chapter will make a detailed analysis into the crime of drunken driving problems, and discuss the constitution of this crime. SectionⅠdiscusses the objective elements of drunken driving behavior from the aspects of behavioral offence, public roads, motor vehicles, drunk, and driving degree and etc. SectionⅡdiscusses the subject element of the act. SectionⅢdiscusses the criminal object, sectionⅣdiscusses the criminal subject.ChapterⅢwill compare the drunken driving behavior with the behaviors which would endanger the public safety, especially the relation between traffic accident risk behavior and endangering public safety.The fourth chapter will discuss the behavior of criminal forms. SectionⅠto discuss the problem of stopping form, if there exist the possibility of stopping form. SectionⅡdiscusses the form of complicity in acts of drunken driving problem. SectionⅢdiscusses the patterns of drunken driving offenses, the possibility of complicity and types of drunken driving crime.ChapterⅤwill address the drunken driving penalties and investigation problems. SectionⅠdiscuss the punishment of simple drunken driving act. SectionⅡdiscusses the investigation and prosecution of drunken driving problem.Conclusion part of the article discusses drunken driving behavior from a macro point of view and proposed that the means to control this action should not just rely on the criminal regulation, but also strengthen civic education and publicity, to reduce and eliminate drunken driving behavior from the headstream.