The Application Of Criminal Law In Casualty Caused By Drunken Driving

The Industrial Revolution has caused a lot of risk for our life while it also has brought about great convenience. There is no denying that the risk society era has ushered in already. As one of the symbols of the Industrial Revolution, on the one hand, automobiles have speed up our life style; while on the other hand, they have also brought about new dangers for our life and health. Nowadays as automobiles become people's main means of transport, casualties caused by traffic accidents have been put right to our face as a very severe social problem that cannot be overlooked. If we say the danger brought by automobiles has been part of the risk society, then clearly the drunken drivers'behaviors have certainly aggravated it. How should the criminal law deal with this problem and govern it from the doctrine of general prevention of crimes has become a question that is worthy of discussion in the field of the application of criminal law.In chapter one, by describing cases in reality and《the publication of the law application of crimes committed by drunken drivers while driving cars》,I pointed out the challenge of applying criminal law in cases of drunken drivers committing crimes while driving.In chapter two, I choose the actio libera in cause as my perspective, discussed the strafbarkeit of crimes committed by drunken drivers. In this chapter, I pointed out that to punish the actio libera in cause is in conflict with principle of responsibility. Second, I discussed the theoretical basis of punishing actio libera in cause. In the end, I took intensive study of the theory's application in specific drunken driving cases.In chapter three, I discussed the choices of criminal charge in drunken driving cases. First, I pointed out the limitations of choosing"crime of causing traffic casualties". Second, I pointed out the resignation of using the"crime of intentionally endangering public security by other dangerous means". From the objective perspective, there is no fixed objective standard in judging the danger caused by drunken driving, while our courts have been talking vaguely on this problem with confusing logic. From subjective perspective, on judging the subjective attitude of the drunken driver, the boundary of the indirect intent and the negligence with undue assumption was always not very clear, in addition to this, in the past we always treat it as negligence with undue assumption, so it's really hard to judge the subjective attitude of the drunken drivers. At last, I made some comments about the《the publication of the law application of crimes committed by drunken drivers while driving cars》published by the Supreme Court .In chapter four, I figured that from the perspective of general prevention in criminal law nowadays, I think we should charge the casualty caused by drunken driving as crime of intentionally endangering public security by other dangerous means. While at the same time, I think from the perspective of rationality, the better way of dealing with this problem is to create a new charge specifically.