Understanding. Drunken Driving Type Of Dangerous Driving Offense Applicable

Drunken crime is a serious social problem, as China's entry into the automotive era, drunken crime of drunk driving has become increasingly prominent, rampant drunk driving Traffic Accident caused and judicial practice extensive attention. In this context, " Criminal Law Amendment (Eight) " officially drunk driving criminal acts into the scope of regulation, the provisions of the crime of dangerous driving, dangerous driving charge of the establishment of important practical significance, can play well on the perpetrator drunk driving role in regulating behavior, greatly reducing the incidence of such cases. However, due to legislative constraints, for the understanding and application of this crime on the many problems will inevitably arise, in theory, but also sort out and need to be further explored. Therefore, to better play to the social function of this crime, we must clarify the behavior of convicted drunk drivers after some of the issues arising. This article is the " Criminal Law Amendment (Eight) " to drunken driving conviction after a number of key issues to explore, to clarify for the crime of dangerous driving, drunken driving type of understanding and application.In this paper, the structure is divided into introduction, body, and conclusion of three parts.Introduction to some of which include the study of the problem background, significance, status and research methods.Body part is divided into five parts. The first part discusses the establishment of China's criminal law the crime of dangerous driving, drunken driving type of theory. This chapter discusses specific aspects from the three:First, protect the legal interests from the theoretical aspects discussed earlier drunken driving conviction conduct feasibility; Second, the behavior of no value from the binary theory of behavior of convicted drunken drivers discussed the feasibility; Third, the reasons for the theory of free exercise behavior of convicted drunken drivers discussed possible nature; chapter from the above three systems are discussed in detail the crime of drunk driving behavior into the theoretical basis. The second part is mainly composed of four elements from the crime, namely, object, objective, the main four aspects of subjective detail of the crime of dangerous driving, drunken driving-type identification. First, the object. Mainly elaborated on the controversy more "public safety" type of identification and drunk driving and dangerous driving charge of the Crime of the direct object associated with the difference. Second, the objective aspect. Mainly from the "drunk driving" and "Road" definition, "drunk driving" and "drunk," the definition of "drunk driving" and "driving" the definition of "drunk driving" and "motor vehicle" in definition as well as "drunken driving" behavior in five areas identified in nature elaborated based on the crime of dangerous driving drunk driving is objective identified in the issues that need attention. Third, the main body. According to the " Criminal Law Amendment (Eight) " the provisions we can see that this crime as a general principal, that is at least 16 years of age, with a full criminal responsibility of the person. In addition, the practice of two special circumstances that may arise, that is ordered or forced to drink driving and the wine of the provider or the provider of vehicles to drunk driving type can be punished by dangerous driving? There were specific discussion. Fourth, the subjective aspect. The main controversy surrounding the existence of subjective and behavioral aspects of people's subjective state of drunken driving set, and the perpetrator's subjective state of another drunken driving, including three cases:the mens rea before a voluntary drunken drunken driving, drunken former no mens rea of voluntary and involuntary drunk driving drunk driving. This in part through the elaboration of these aspects clearly identified in the specific type of dangerous driving, drunken driving when the crime should pay attention to.The third section discusses the crime of dangerous driving, drunken driving-type punishment to set up. By type of dangerous driving our drunk driving punishment to the crime analysis and set of foreign criminal punishment to drunken driving investigation, that the punishment to the crime problems in setting and can learn from foreign places.The fourth section discusses the type of drunk driving judicial determination of the crime of dangerous driving. Specifically addressed in this crime and the Crime and the crime of endangering public safety in the judicial determination of the links and differences, and on the system from the criminal offense of drunk driving has combed. Criminal offense drunken driving is the first level of response for the crime of dangerous driving, drunken driving type, the second level of the Crime, the third level of the crime of endangering public safety.The fifth section discusses the crime of dangerous driving, drunken driving-type specific application. Paper discusses the application of this specific crime problems, and apply this to solve problems based on the recommendations.This last part is the conclusion part, by the above analysis, the " Criminal Law Amendment (Eight) " type of drunk driving provisions of the crime of dangerous driving rough, their understanding and application problems need further clarification.