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A Study On The Crime Of Drug Drilling

Posted on:2016-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:C XuFull Text:PDF
GTID:2206330461487043Subject:Law
Abstract/Summary:PDF Full Text Request
In today’s increasingly popular vehicle, drug driving is a more common behavior, such acts seriously endangering public safety, can easily lead to serious accidents. According to current law, after the perpetrator drug driving a motor vehicle on the road, only casualties, after loss of property subject to criminal penalties, or only count traffic violations, does not constitute a crime. Such institutional arrangements there are some loopholes in the law, unable to drug driving without causing damage to the consequences of risky behavior abstract punishment. In view of this, it is necessary to consider the drug problem driving into sin.Around this problem, we have launched an in-depth study, including the following parts: The first part is a typical case of drug driving behavior and social harm, introduces several typical drug driving cases, although such cases presented be treated as a criminal offense, but a simple drug driving behavior as an abstract risk behavior is difficult to obtain criminal sanctions, there is a huge loophole; the second part is the feasibility of drug driving behavior and analysis of incriminating rationality from Tolerance of Criminal Law and general prevention function angles to explain the rationality of drug driving into the punishment. Feasibility of the sentence by the existing legislative, judicial and other resource analysis. The third part is presented to the author of the crime of drug driving behavior into ideas. Drug law enforcement after driving into the penalty is the key to incriminate standards constitute a crime and criminal penalties for these three areas, the existing legislative practice from abroad combined with China’s national conditions, this paper will propose legislation individuals.
Keywords/Search Tags:Drug driving, Dangerous driving, Discretionary penalty
PDF Full Text Request
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