Criminal Law Evaluation On Drunk Driving Act

Recently, drunk driving's tragic repeatedly broke into public view. The Chengdu, Sun Wei-ming, the, Foshan City, Guangdong Province, Mr Lai King case, the city of Nanjing, Jiangsu Province, Zhang Bao, Heilongjiang jixi Chang-hee Jun, Hangzhou City, Zhejiang Province, Wei Chi-case, and a series of "jiujia" accident, reflect contemporary social risk endangering public security in the development of the new features of the crime. Therefore, in order to prevent and reduce the occurrence of traffic accidents, effective prevention and punishment of the crime of "jiujia", a hit and run offence in protecting society and public interest and public safety, it must be on governance "jiujia" offending behavior of criminal justice and legislative strategy agenda. With practice, this article to drunken driving offender behavior of definition, drunken driving offender person of criminal responsibility is based, as well as the existing criminal law on drunken driving behavior of the evaluation and elaboration, that presented perfect drunk driving offender criminal legislative proposals. The first chapter of drunken driving offender behavior defined by a drunk driving accident in "drunk" definition and drunk driving accident in the definition of "accident", as well as domestic and international legislation on drunken driving offender and a fine overview of conclusion, that is, at present, China's laws and regulations on driving behavior of punishment generally too light, driving under the influence of a large number of existence, a serious threat to public safety. Some major malignant traffic accident also relates to drunk driving, this must be the most severe penalties, to effectively prevent the occurrence of these cases. Chapter two drunken driving offender behavior people bear criminal responsibility for the interpretation of this chapter from the traditional theory on drunken crime person of criminal responsibility expand expositions and illustrated from Libera theory on drunken crime people bear criminal responsibility for interpretation. Analysis of drink and drink crime of criminal responsibility and drunk people the traditional view, combining action theory on drunken crimes bear criminal liability for a detailed description. Chapter III of the present criminal law on drunken driving offender behavior and lack of evaluation by drunken criminal conviction, drunken crimes sentencing on two major aspects of the outlines of the existing criminal law drunken driving crime law issues; and punishment of drunken type range has identified and drunk driving accident identified the difficulties which discusses the current criminal law evaluation drunk driving offender behavior. For drunk driving behavior of human subjective aspects identified point of contention, utensils in the rap objectives, penalty implementation effects, and the consideration of criminal policy. Because of the lack of drunken state acts of criminal responsibility and Punishment Act should be the analysis, the behavior of people on drunken attitude and behavior for drunkeness of attitude confusion back into utilitarian cognizance drink act constitutes a crime of mortar, leads to a drunk driving penalties more influenced by natural law sense of involvement, which arise in different crime, multiple viewpoints debate difficult to interest. Chapter four perfect drunk driving offender criminal legislative proposals this chapter primarily in the form of a combination of China for the traffic condition of the complex situation, jiujia accident frequent, it is recommended that you increase traffic crime legal penalty ranges, perfect punishment set, also proposed drunken behavior of views, which in turn raised the addition of "dangerous driving causing death or injury of sin" this long-awaited proposal for drunken driving, drugs after driving, speeding violations driving a serious threat to public safety, are contained in a single charge, effectively curbing crime, and to improve the general public and all drivers to comply with the traffic laws of self-knowledge, efforts to resolve the traffic safety management on issues that need to be urgently addressed.