| With the development of social economy and technology, automobile has become indispensable in our daily life. In China, people’s living standard and consumption level has increased greatly, so the nucmber of family car has become extremely large. We can say that our country has entered the automobile industry age. However, every coin has two sides. With the high speed development of automobile industry, the serious road traffic situation is becoming more and more alarming. Drug is tough problem in any country. In our country, the number of drug addicts is increasing geometrically. If the drug addicts involved into the traffic, the consequence can be horrible. Drug driving will become a terrible danger to the traffic safety. In addition, it will badly affect the traffic order and social security. Nowadays, drug driving is not an individual case. It has become an urgent social problem that gains a lot of public attention. In our country, the criminal law regulation of drug driving behavior is in a stage of legal blank. The theoretical circle of criminal law and judicial practice must pay attention to the growing traffic accident cases of drug driving. It is necessary to involve drug driving into the law. In China, the crime of dangerous driving only includes drunk driving and speeding. Drug driving is not included. Studying drug driving can fill the blank of our legislation and help to build a "strict but severe" criminal law. The pattern of current criminal legislation is transforming from the result standard to the behavior standard. That means we focus on some behaviors which has serious social harmfulness. Drug driving is such a harmful behavior. Thus, studying on drug driving can prevent traffic accidents from happening and control the number of traffic accidents. Besides, it is good to maintain social stability. According to the new social situation and legal concept, I want to discuss the legislation mode of drug driving. I hope this research can help to improve the criminal legislation and preserve legal rights.This paper includes four parts. The following four chapters all talk about the conviction of drug driving.In chapter one, I will explain the concept of "drug driving behavior". Then, I will analyze the concept, characteristics and disputes of drug driving behavior. According to the above, I will tell what is "drug driving behavior" and make the standard of drug driving conviction clear. In chapter two, I shall introduce the criminal legislation of drug driving behavior in other countries and regions, such as the Great Britain, America, France, H. K. and Taiwan. By exploring and referencing the legislation of these countries and regions, we can legislate the drug driving behavior which conforms to the situation of our country. In chapter three, I will talk about the necessity and feasibility of studying on the conviction of drug driving. It will begin with the disputes over whether legislate the drug driving behavior or not. Specifically, this paper will discuss the necessity from two aspects. One is that the cases of traffic accidents caused by drug driving. The other is the blank of relevant legislation. Then, I will analyze the feasibility from theory (teleology of criminal law, criminal law protection, and modestly restraining spirit of criminal law) and practice (the technology of authenticating drug). In chapter four, this paper will present some legislative suggestions of convicting drug driving behavior. I suggest that we should incorporate drug driving behavior into the crime of dangerous driving. Then, we should analyze its criminal law elements and judicial practice. |
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