Qualitative Analysis Of Drunk Driving Behavior

Drunk driving has become one of the main factors endangering public safety, The EighthAmendment of the Criminal Law of China increased dangerous driving offense, punch toimpose on the crime of drunk driving, warning people to curb traffic accidents caused bydrunkdriving. It protects human health and property safety of the masses, reflecting theconcept of the rule of law of China. This is a big step forward in the legislative, is of positivesignificance in guiding judicial practice. However, in judicial practice, without exception,drunkdriving behavior is considered a crime, which will undoubtedly expand the crime ring.It may lead to the improper application of the penalty, resulting in a waste of judicialresources. Moreover, the practice of drunk driving behavior a variety of very complicated plot.Depending on the plot, the difference between the treatments of drunk driving is necessary. Inview of this, this paper presents a view on drunk driving behavior, the difference betweentreated. This not only conforms to the spirit of modesty of the Criminal Law, but also is wellimplement the principle of legality; it is given to the behavior of one of the greatesthumanistic care. This article is divided into three parts, a total of more than30,000words.The first part focuses on drunk driving behavior of the theoretical basis as well as thelegislative provisions in other countries and the other parts of China. Generally, drunk drivingbehavior is considered to be the Cause Liberty. Theoretical point of view flourishing, but theconclusion is surprisingly consistent, that is drunk does not belong to mitigate the behavior ofcriminal defense subject. Legislative provisions on drunk driving, in many countries of theworld, the penalty is more stringent. This is a positive reference for China’s legislation on thecrime of drunkenness.The second part discusses the theoretical point of view of domestic crime of drunkdriving. This section discusses the three issues. First, drunk driving incriminate In this regard,there are two points of view: the drunk driving shall be incriminating; drunk driving is notalways incrimination. How to convict drunk driving, academics point of view can be basicallydivided into three camps, the conviction on the "traffic crimes";"crimes against publicsecurity" conviction on the dangerous way; additional charges point of view. The abovetheory, a critical analysis put forward their views, drunk driving behavior incrimination, it should be a specific analysis, differential treatment. Drunk driving, regardless of the specificcircumstances, adopt a "one size fits all" standard be convicted does not meet the dialecticalthinking requirements.The third part of this article further discussion of the judicial determination of drunkdriving. That is, the circumstances under which the drunk driving behavior should berecognized as a crime, what drunk driving behavior can be excluded from outside the crime ofdangerous driving. This article from the provisions of13thof the Criminal Law and ProcedureAct point of view this argument. Then further analysis, constitute a crime shall be convictedof drunk driving, drunk driving in what circumstances constitute a crime of dangerous driving;traffic crime of drunk driving and under what circumstances; under what circumstancesconstitute crimes against public security in a dangerous way. Finally, point out theshortcomings of the legislation of the crime of dangerous driving.