On The Conviction Of Drunk Driving Behavior

As the coming of "Auto Age", car accidents bring very serious harm to people's life safety, of which the harm caused by driving after drinking and drunk driving is the most important. The regulation of drunk driving in the traditional civil law and administrative law appears to be inadequate, so the timely intervention of criminal law becomes particularly necessary. This thesis mainly discusses the legitimacy of drunk driving conviction, makes a detailed analysis based on criminal law theory, sociology, and criminal policy requirements. Also this thesis learns from the related criminal law of other countries and regions. Finally, this paper puts forward its own views on the drunk driving conviction and sentencing, combined with China's national conditions, including the types of drunk driving conviction and the types and range of penalty configuration, etc.This thesis includes the introduction, four chapters and conclusion. The introduction part mainly introduces large amounts of data, case studies, describes the "Criminal Law Amendment (8)" the latest amendment, and leads to the discussion on drunk driving conviction issues. The first chapter details the current provisions of drunk driving. The second chapter analyses the legitimacy of drunk driving conviction, including the decision of social harm, cause freedom theory decision, risk society theory decision, the theoretical basis of punishment of the Potential Damage and criminal policy requirements. The third chapter lists the drunk driving criminal law in different countries and regions, and gives a brief analysis of the pros and cons. Chapter four puts forward specific legislative proposals on conviction and sentencing. The conclusion part summarizes the full text and outlooks the improvement of the legal regulation of drunk driving.