Discussion On Drunk Driving Within Dangerous Driving

With the continuous development of China’s economy, people have owned more andmore vehicles, and drunken driving has become a very serious social problem in ourcountry. In particular, some cases resulting in heavy casualties consequences, has arousedthe concern of the whole society. The actual judicial practice is still controversial about thecharacterization of the criminal behavior of drunken driving causing real harm. In otherwords, what kind of crime should the person be convicted of,“Traffic accident crime” or“crime of Endangering public security with dangerous methods”. The author believesthat the subjective aspect is the core factor of the distinction between the two crimes. Byusing some research method like case comparison and documentary analysis, the authordeems that the criminal’s subjective aspect is negligence with undue assumption and ourcurrent idea of criminal law must be improved to a new level that the people’s rights andinterests come first. Therefore，the author introduces the Criminal Jurisprudence ofPersonality theory in order to provide creative suggestions for related and even the entirecriminal law system reform in the future.