A Study On The Criminal Law Of "Toxicity"

Contemporary Chinese proliferation of drugs, particularly new synthetic drugs increasingly civilians, bring a very wide range of adverse effects. China has entered the automobile age, when the motor vehicle driver and a combination of both drugs, the potential dangers resulting self-evident. In some behind the vicious accidents, drunk driving and driving behavior chase began competing receive due attention, were included in the Penal sight. In contrast, drug driving is still drifted outside the criminal law, lawmakers are highly visible similarity of drug driving behavior, lack of attention. Everything will be fine as long as nothing happens, something happens then the consequences could be disastrous. This legislation allows the status to prevent and combat "drug driving" behavior in a passive state, resulting in poor long-term nature of drug driving in mayonnaise, If we do not attach importance to, its influence will be enormous and irreversible. "Criminal Law Amendment (eight)" in the new dangerous driving provisions cover only aggravated drunken driving and driving chase competing in both cases, is clearly insufficient to solve the domestic Japanese flooding situation worsening drug driving, not punishment for drug driving effective Correctional drug driving personnel, the perpetrator drug driving will be weak legal consciousness, potentially illegal cost is too low, it will not subconsciously control their own behavior, resulting in the phenomenon of widespread drug driving. Ministry of Public Security’s new regulations also only access point of view, to limit the drug addicts or cancellation of their driver’s license issued driver’s license, driving behavior is difficult to control toxic fundamentally. In contrast although dangerous driving on the existing criminal law is a misdemeanor, but still be able to compete on drunk driving and driving behavior chase generate sufficient deterrent effect, so ban "drug driving" should be considered, drawing abstract designs dangerous driving Perilous sin. Such as drug driving behavior can incriminate the perpetrator risk criminal penalties, the driver is bound to produce an effective role in the guidelines, a standardized driver’s desired effect, so as to achieve the purpose of protecting public safety. Although drug testing there are some difficulties, but the relevant legislation and the detection technology is relatively mature and developed countries and regions, the punishment can play an important reference for our country, "drug driving."China’s legal and policy environment is undergoing a series of structural changes, the development characteristics of criminal law gradually from "Li and lax" to "instead of serious" transitional, charges and penalties design begins with a tight and light punishment of trends. Therefore, I propose the inclusion of the drug driving dangerous driving offenses, criminal law as an abstract design in Perilous, as long as the perpetrator drug driving a motor vehicle on the road, that is constitutive of sin, and however "poison driving into the penalty," the way and the settings, you need further research and refinement. Not required to produce specific consequences of the damage, in such a way to better protect social traffic order and safety of persons and property of the public.