The Criminal Responsibility Analysis Of Drunk Driving Accident

In recent years, major traffic accidents caused by drunk driving frequency of serious harm to people's lives and property. Faced with an increasingly severe traffic safety situation, China's current criminal law penalties obviously lags behind. In response to this contradiction, the author tried to learn from foreign legislative achievements, the combination of the actual situation analysis, the corresponding solutions.This paper is three chapters:Firstly, disputed by the two cases, details of China and other countries drunk driving accident in the criminal law norms, the comparison shows that China's current laws punishing drunk driving accident blank.Secondly, Two cases on academic analysis, detailed in drunk driving accident Crime and criminal liability.Finally, China should learn from foreign legislation based on the rational core reality in our country as soon as the improvement of legislation, and make the author's recommendations.In this paper raises the issue of case by case analysis on the drunk driving accident and criminal nature of the analysis method of the current drunk driving accident in China on the criminal law has lagged far behind the contradiction in a more systematic discussion, and learn from foreign legislative achievements, combined with China's actual proposed based on the author's views and recommendations to promote the issue was settled.The most prominent features of the article are:(1) The article based on actual cases, combined with the foreign legal norms. Judicial practice in the presence of foreign practices 11 classified, for analysis, trying to find an effective line with our actual practice.(2) Articles by comparison method of drunk driving accident in the criminal law. Is to compare the international penalties on drunk driving accident the different legal norms and judicial practice on drunk driving accident on a comparative analysis of different treatments to try to find solutions to the current judicial practice in the chaotic situation on the responsibility of drunk driving scientific way.(3) Article on drunk driving criminal law theory to fully explain, the theory and practice on domestic and international basis of the study, presented our drunk driving accident should be a separate conviction, to fill the existing system of punishment unreasonable point of view and a detailed discussion on this to the effective resolution of disputes, unified judicial practice, to play the proposed role.