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

Transport services especially in the automotive transport industry for the community's prosperity bloom and played a crucial role in promoting. However, things are pros and cons go hand in hand. The rapid development of the transport industry is behind the high incidence of road traffic accidents, especially major or fatal traffic accidents frequently occur, a serious threat to social order and people's lives and property. Of these, a significant share of drink driving on the public interest caused major damage. Faced with this grim situation, obviously lags behind China's current criminal law. In response to this contradiction, the author tries to draw on advanced foreign legislative practice, the actual situation in our country on the criminal law system for drink-driving behavior of the corresponding solutions proposed to improve the relevant criminal legal system.This text is divided into introduction, body and conclusion of three parts, of which the text of three chapters:The first chapter aims to present situation of the world and the introduction of traffic safety, drink driving hazard analysis, as well as our existing administrative and criminal law on drink-driving legislation absence of regulation, clarify the behavior of convicted drunk drivers need to sex.The second chapter drink driving conviction on the theoretical basis of research, clarify the act of drink driving conviction is reasonable. This chapter includes three important aspects of research, namely, by drink-driving conviction consistent with the risk of social theory, fit the trend of international legislation and legal paternalism is suitable to analyze the act of drink driving conviction is reasonable.The third chapter is to explain the legislation on drink driving vision. Through the Crime and criminal liability in this analysis, that the crime of drink driving is the behavior of people drinking alcohol, driving in unsafe condition, driving vehicles, endangering public safety, no serious consequences are to be a years of imprisonment or criminal detention, concurrently or gold, while constituting the crime of drunk driving, first offense, temporary seizure 6 months to 1 year driver's license; repeated or serious consequences may be given a suspended license.