The Study Of Drunken Driving Behavior

A drunken driving behavior causing traffic accidents is frequency and the consequences are serious in recent years, it triggers the height of the whole society common attention. The question of how to regulate drunken driving in criminal law increasingly emerges. In-depth study of drunken driving behavior, for"drunken driving"problems in criminal law provides the solution, be helpful for better punishing and preventing drunken driving behavior and easing traffic safety of severe situation. Therefore, basing on thorough the research of"drunken driving behavior", this paper discusses the existing and fixed laws under the framework of solution, the author suggests setting"dangerous driving sin"and"crime victims'relief system".The paper consists of three major parts——preface, the body of the paper, conclusions, in the body of the paper which includes eight parts, there are 25520 words:Part One Through the introduction of the basic case of Zhang Mingbao, this part leads to the academic and social four controversy. Through the analysis, the author gives her own views of the latter two controversy, the before two controversy are both to be discussed in the latter paper.Part Two In this part, the author thinks that"the opinion"says that the subjective guilty of the drunken driving actor is indirect intentional, and he offends the crime of endangering public safety in dangerous means which is wrong. Most drunken driving actors have the"hope not"attitude to the occurrence of harmful consequences, which is the fault of over—confidence.Part Three This part first to explain the meaning of"wine driving"and"drunken driving", and distinguish them. Secondly, to clear that the argument objects of this paper is drunken driving behavior. Finally, combining with reason free act theory, it illustrates the principle of punishing drunken driving behavior.Part Four Through the comparison of Li Jingquan case, Sun Weiming case and Zhang Mingbao case, this part discovers the generality of drunken driving behavior. Combining with Maslow's hierarchy of needs, the author discusses the essence of drunken driving behavior——dangerous driving. The legal regulation to it in China is obviously deficiencies of the present situation, improving urgently. Part Five Firstly, this part briefly introduces guilty in criminal law. Secondly, we shall analysis concretely the guilty of drunken driving actor in his two phases of transgressing. Finally, it analyses the guilty of Zhang Mingbao should be over—confident, rather than indirect intentional.Part Six Drunken driving behavior is divided into two stages, called"a collision"and"second clash", this part interprets them and analyses them in the criminal law. After"a collision"drunken driving behavior, there is second or continuous collision behavior, which called"second clash".Part Seven The solution to the crime of endangering public safety in dangerous means of over—confidence may correspond with guilty aspects, but which does not conform to the objective aspects of the drunken driving behavior. In multi-channel integrated solutions, current administrative penalty is lighter, and to punish it in traffic offences is uneven in crime and punishment.Part Eight The legal punishment of traffic offences is already tallest in criminal negligence, if we raise it more then we can not coordinate the configuration of the whole legal punishment in its corresponding criminal chapters. Secondly, through discussing the necessity, legitimacy and feasibility of dangerous driving, the author suggests to build dangerous driving sin and to conceive of its constituents and legal punishment. Finally, this paper suggests setting crime victims'relief system.