Rersearch On The Case Of Mr Huang And Mr Yan's Drunk Driving

Before the promulgation of the Criminal Law Amendment eight, there are only two laws can be applied to the conviction and punishment of drunk driving, which are Article 115 and 113 of the Criminal Code to the crime of endangering public safety and traffic accident crime. But nowadays the frequency of accidents, especially drunken driving has seriously threaten to social traffic safety,personal and property safety. Meanwhile, the lag of lows can't effectively restrain drunk driving and other dangerous behaviors.So, the crime of dangerous drunk driving, adding to the Criminal Law Amendment eight, previously regulates drunk driving,drag racing and other dangerous driving behavior, which will take previous actions to serious social safety. According to the Criminal Code, we can choose to several charges when dealing with drunk driving, but in practice, there are some different voices about convictions of drunk driving. The thesis begins with the case of Mr Huang and Mr Yan's drunk driving, making a deep study of differences between subjective guilty and objective behaviors of the traffic offences, in a dangerous means to endanger public security sin, dangerous driving and how to choose to apply to these cases. At the same time, it refers to some ideas of the conviction standard and scope on the crime of dangerous drunk driving.The paper is divided into five parts.Firstly, it is a brief introduction to the case.The second, it summaries the main controversies of the case:is the subjective guilty of Huang and Yan's drunk driving intentional or negligent? Is Huang and Yan's behavior a crime of traffic offences, public security caused by dangerous means or dangerous driving, and how to convict on the subjective and objective behaviors of Huang and Yan.The third, there are three specific advices on this case.The forth, they are analysis and conclusions of the case, which are discussing from the following three aspects:one, the conviction of Huang and Yan's guilty according to the analysis of the crime of traffic offences,social safety caused by dangerous means and risking driving; two, the components of Huang and Yan's crime; three, reasons of the conviction and punishment of the case, such as:the criminal policy of tempering justice with mercy, the principle of a legally prescribed punishment of criminal law and criminal law to the punishment in keeping the tolerance of the criminal law principle, principle, abstract dangerous crimes legislation value, Ludwig feuerbach compulsory said.The fifth, some thinks about the case:one is how to choose applications to analysis traffic offences the crime of endangering public safety and dangerous driving; two is some problems about dangerous driving adding to the Criminal Law Amendment eight, which are referring to the standard and scope of risky driving crime and pathological drunk problems. At the end, the author gives some suggestions and analysis in order to solve the conviction about drunk driving.