Study On Drunk Driving

Crime committed by a drunkard is an important social issue, and as our country come into the auto age, drunk driving has become increasingly prominent. A large number of traffic accidents caused by drunk driving also called the attention of criminal law theory and judicial practice. Both criminal theories and judicial practices focus their attentions on the charges, the behavior of drunk driving should be charged by traffic accident crime or the crime of intentionally endangering public security has been controversial. Meanwhile, in criminal law theory and judicial practice,"other dangerous means" of the crime of intentionally endangering public security and the distinctions between indirect intention and negligence of over-confidence should be considered important factors of the liability of drunk driving people. This thesis attempts to determine the concept of drunk driving, subjective characteristics and objective characteristics of drunk driving, in the end, the thesis attempts to find a way to solve the problems of the criminal responsibility of drunk driving in China's current situation.The first part analyzed the concept of drunk, classification of drunk, and the concept of drunk driving and related concepts. In this section, through the analysis of "drunk" in the classification, noted that "drunk" which mentioned in the article in the acts of drunk driving only means those drunk driving which caused by voluntary drunk factors leading to the physiological state of drunkenness or complex drunkenness and non-voluntary intoxication to be trapped in limiting the liability capacity. Meanwhile, in the part, the strict distinctions between the act of driving under influence of alcohol or other drugs, drink driving and drunk driving have been discussed, in order to find a strict definition of drunk driving. In this article, drink driving means drivers of vehicles drink small amount of alcohol beverages in the post driving, under the existing standards in China it mainly refers to vehicle drivers blood alcohol content greater than or equal to 20mg/100ml but less than 80mg/100ml. The behavior of drunk driving means driving in a drunk state after drinking alcoholic beverages or other substances, in our current standard is the vehicle under the main drivers of the blood alcohol content more than or equal to 80mg/100ml on driving behavior. Driving under influence of alcohol or other drugs is the broadest, it includes not only drink driving, but also includes drunk driving.The second part is to introduce the objective characteristics of drunk driving, in this part mentioned the Real and Ideal Standards of our current drunk driving, the level of dangers of drunk driving, and hazardous consequences of drunk driving, in the last, discussed several categories of representatives of high-risk drunk driving. In this part of the paper, The author believes that the results of experiments according to the BAC and the crash and the correlation analysis will classify drunk into mild, moderate and severe grades to consider the behavior of drunk people's three objective performance, in which blood alcohol concentrations of 50mg / 100ml-100mg/100ml mild, 100mg/100ml-150mg/100ml moderate state of intoxication, 150mg/100ml more serious drunk. At the same time, the author suggested whether drunk driving in a dangerous way constitute "and other dangerous methods" of the crime of intentionally endangering public security or not should combine with the time, space, and the measures the perpetrators take to prevent the harmful consequences, and the driving technology and the specific analysis of the situation; In the final section, the paper focus on the common types of high-risk behavior such as speeding drunk driving, Continuous drunk driving after accidents, the more serious violations such as reverse driving of drunk driving behavior.The third part is to introduce the subjective characteristics of drunk driving, first introduced in the part is the disputes on the subjective aspects of drunk driving in the current criminal law theory and judicial practice, followed by the introduction of some current problems on the subjective analysis, through the analysis combined with the theory of the stages of actio libera in cause, suggested that subjective characteristics of drunk driving should be the state of the drunk who commit the crimes when he was in the situation of drunk. From the analysis concerning the behavior of drunk driving, driving after drunk are not the "because" of the criminal law, they are not alone under the "drink" phase or "drunk driving" phase of the subjective psychological attitude to judge, but should link the two acts of movement as a whole to judge. In other words, behavior in drinking stage of drunkenness is not the object of criminal law to be considered, criminal acts to be considered only when in drunk driving may cause harmful consequences to society. Meanwhile, the distinctions between indirect intention and negligence of over-confidence should be considered from the social relations protected by the two, forms and degrees of understanding, the formation of the time of understanding as well as specific measures to prevent the existence of harmful results.Therefore, after judging objective characteristics and subjective characteristics in drunk driving, criminal liabilities are as follows: when the person is deliberately and objective aspects of behavior are dangerous means, the behavior is recognized as the crime of intentionally endangering public security; when the person is deliberately and objective aspects of behavior are killing people or destroying objects is recognized as the crime of intentional killing or the crime of intentional damage of Properties; when the person is negligence and objective aspects of behavior are dangerous means, the behavior is recognized as the crime of negligence endangering public security ;when the person is negligence and objective aspects of behavior are not dangerous means, the behavior is recognized as traffic accident crime. Clearly, the penalty provisions of traffic accident crime appears difficult to solve the current trend of high incidence in drunk driving. Finally, the thesis draw on the world and regional acts of criminal liability on drunk driving, combining the solutions of the current criminal law theory and judicial practice, proposed that in order to solve the current problems of drunk driving we could introduce crime deaths and injuries caused by dangerous driving, so as to build criminal liability system of drunk driving. How to improve our drunk driving criminal liability?Scholars have proposed that improve legal punishment of traffic accident crime, some proposed that we can introduce the crime of dangerous driving, but the author recommended introduce the crime deaths and injuries caused by dangerous driving after considering our legal environment.