Thoughts Of Drunk Driving In Criminal Law

Drunk driving has become a major cause of traffic accidents which are frequently seen nowadays. This behavior is obviously a serious violation of traffic rules, and besides a big concern of China's public transportation safety. Recently drunk driving, especially driving while intoxicated has led a vicious series of traffic accidents, thus bringing about hazards to people's health and safety as well as huge losses of public and private property. These vicious drunk driving accidents have aroused widespread concern of people cross the country and strongly condemned, but how to properly apply criminal law to deal with such issues like drunk drinking caused extensive academic discussion. As China's current criminal law did not make provisions for acts of drunk driving, different courts in recognition of difference make different judgments on continuous occurrence of cases of drunk drinking accidents. The application on the behavior of drunk drinking accidents arouses many disputes in judicial practice. In this regard, analyzing the existing models of the judicial practice and the relevant legislative proposals of some scholars, the author put forward some ideas in order to perfect the criminal sanctions against drunk driving.The paper is divided into four parts. The first part is to focus on several problems. Through some typical cases, a question is put forward: the same is a major traffic accident caused by drunk driving, which some courts sentence as"crime of causing traffic casualties"and some courts sentence as"dangerous means of endangering public security". Qualitative differences lead to great differences in terms of imprisonment with the result that there has no uniform application of law issues. Thus it introduced the focus of controversy on judicial practice of such acts in terms of conviction and sentencing: the dispute on drunk driving behavior and the criminal acts of conviction and sentencing of drunk driving accidents.The second part of the paper introduces the meaning and scope of the term"drunk driving behavior". This chapter first analyzed and defined the"drunk driving behavior"and then makes an analysis of the five main reasons for which the behavior occurred frequently, hoping to find countermeasure against drunk drinking.And the third part makes comments on penal sentence on cases of drunk drinking accidents in criminal judicature. This chapter focuses on the two most commonly used approaches to deal with cases of drunk drinking accidents-"crime of causing traffic casualties"and"dangerous means of endangering public security", as well as their advantages and shortcomings in dealt with drunk driving accidents, along with other judicial practice in cases of drunk driving accidents. Through analysis we can see that our judicial practices in response to the drunk driving are not uniform. In order to ensure the accuracy and uniformity of the law, the relevant provisions of the criminal law need to be improved.The fourth part is discussed from two aspects. First it refuted"drunk driving into the punishment", and put forward a point of view that penal sentence should rely on existing laws, proposed to perfect and there be no need to enact special law on it. Then suggestions are given to handle with drunk driving. Firstly, judicial interpretation ought to be promulgated to improve a grade in the sentence of the drunk driving causing death. Secondly, it conducts a comprehensive evaluation of the"first act"and the"second act"and mete out combined punishment for more than one crime. Thirdly, it proposed the reasonableness of the death penalty in response to a vicious drunk driving accident. I hope that the improvement of the relevant provisions of criminal law can effectively regulate the behavior of drunk driving, give full play to the deterrent effect of penalties to crack down or drunk drinking accident behavior, protect the safety of public travel.