The Research Of The Penalty For Drunk Driving

In recent years, there are so much drunk driving that causes a lot of lethalmalignant cases between nationwide, which causes the concerns and fears of public tothis kind of high-risk driving behavior. The bad nature of this behavior, which causescasualties and property losses easily, endanger public safety, bring the extremelyserious consequence to the society, so the" PRC Criminal Law Amendment eight"sets up the crime of dangerous driving,drunk driving and chase compete drives, vilebehavior will be on the regulation of criminal law,which will be in favor with thegeneral public. This paper focuses on analyzing the penalty for drunk driving fromtheoretical and practical aspect.First analyses the necessity of growing drunken driving in dangeroussociety.Starting from the conception.Induce of the drunk driving behaviorcharacteristics, and definite the types and scope according to thecharacteristics.Secondly elucidate the reason for the increase of drunk driving in thebackground of risking society, analyse the reason of high-risk driving behavioroccurring frequently，China’s reform and opening up, the sharp differentiation of thesocial structure of competition of different social forces, social norms, fragmentation,new social elements to generate these new elements with the old society the elementsconstantly sharp confrontation and conflict, and thus lead to huge tension savings, sothat the further development of society as a whole swing uncertain; Developmentpotential and development direction of the coexistence of basic social arrangements isdifficult to stereotypes, the people’ pressure is increasing,so according to the reasonswe can put forward more specific legislative proposals, thereby could effectivelyregulate high-risk driving behavior. Finally, analyses the current situation, points outthe specific situation that China’s current drunk driving accidents, and brings greatthreaten to the society.The second part is that how do the various countries’ criminal law regulate the drunk driving problem,Including Europe, Asia and the Taiwan region of China, aswell as their provisions which are worthy to study: That drunk driving has become acommon and frequent great Dangerousness and social harm behavior. Not somepeople’s individual behavior in some areas,when the presence of a great social harmbehavior has universality, criminal law, there is the necessary and timely for the actslisted separately classified as a crime, and to give a separate offense. In the opinion ofour people, crime is a serious harm to society and the people hated behavior, so awidespread and great harm behavior as a crime, it is very necessary. As a result, thecriminal law will be drunk driving behavior crackdown greater strike range of moreaccurate, more conducive to the regulation of drunken driving behavior.The third part is the academic discussing if drunk driving behavior is worthy ofpunishment. Include the analysis of the drunk drivers’ subjective fault state, as well asanalyzing the punishability of drunk driving from the cause of liberty theory. Thecause of liberty theory, drunk driving criminal imputation provides a new domainenvironment. From drunken driving concern, extension to extension of the reasons setdrunken driving behavior to avoid the two separated. Drinking, not simply fromharmful behavior and harm results to analyze their responsibilities, whether theexistence of the subjective element of crime. Should also consider the responsibilitybefore the drunk capacity, status, and criminal behavior and the results of subjectivemental attitude. Including drunk driving into the penalty theoretical debate.And thedoctrinal disputes that whether drunk driving should be put into criminal area. That iscertainly two views:affirmation and deny. Negative scholars think that the presentlaws can effectively regulate the drunk driving, put into criminal area is responsive tothe" heavy penalty", which is contradictory with the theory of restraining criminal law.supportors say that the penalty for drunk driving is in accordance with social trends,and not violate the restraining criminal law theory. China’s starting of the criminallaw amendment are for specific reasons everytime, which have a direct and socialcontradictions and the emergence of a direct link to other legal norms can not controlthese contradictions, it is necessary to control the criminal law involved in, so wehave to size up the situation, to analyze specific issues, and criminal law Humilitynature are not contradictory. Finally is the suggestions of the penalty for China’s drunk driving. Mainlyinclude the problems of the penalty for drunken driving and legislative proposals,andthe test it will face.