A Study On Establishing The Crime Of Drunk Driving In Criminal Law

The prosperity of transportation plays a pivotal role in promoting social progress. However, every coin has two sides. It meanwhile leads to frequent traffic accidents, especially major and vicious ones. People's lives and property have been seriously harmed. Faced with increasingly severe traffic safety situation, China's current criminal legal system is obviously lagging behind. Based on the worldwide legislative achievements, an attempt will be made to propose the suitable resolution in light of the actual situation in China in order to perfect the arm of the criminal law.This dissertation is mainly composed of three parts, including introduction, body and conclusion. There are four chapters in the body.Chapter One will be devoted to examine the status of China's traffic safety and the legislative gaps, which proves the necessity of establishing the crime of drunk driving. The main reason of frequent traffic accidents is drunk driving, which has caused incalculable losses. While the administrative legislation is feeble, the criminal legislation does not regulate it. This dissertation is aiming to solve the contradiction above-mentioned.Chapter Two will lay down the theoretical foundation for convicting the drunk driving. It aims to illustrate the justification of establishing the crime of drunk driving on three grounds, which are the theory of social risk, the trends of criminal policy and the theory of dual"Handlungsunwert".In Chapter Three, we shall analyze the legislative model of other countries and regions. The empirical studies will illustrate the feasibility of establishing the crime of drunk driving. China's criminal law should be perfected on the basis of the rational cores of the foreign legislation and in light of the actual situation.Chapter Four will propose a legislative formulation of the crime of drunk driving, which will be presented on the basis of analyzing the constituent conditions of this crime. The crime of drunk driving shall be defined as follows. Whoever drives under unsafe driving conditions after drinking alcohol and thereby endangers public security, if serious consequences have not yet resulted, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention and concurrently or independently be sentenced to a fine, if serious consequences have resulted and the crime or punishment shall not be decided or given according to the provisions of Article 113, shall be sentenced to fixed-term imprisonment of not more than two years.