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A Study On Criminal Liability Of Drunk Driving

Posted on:2013-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhouFull Text:PDF
GTID:2246330374487775Subject:Law
Abstract/Summary:PDF Full Text Request
Drunk driving has been a hot issue of social concern. China’s legislation on the regulation of drunken driving violation from the previous "Road Traffic Safety Law", and now violate our criminal laws and regulations."Criminal Law Amendment (8)" the drunk driving offense classified counts of dangerous driving, but over the law enforcement departments, courts, procuratorates and other departments, but have different interpretations and practices, the systematic study of drunkenness criminal driving behavior there is a realistic necessity.The focus of this article is clearly drunk driving offense constitutes a crime and should pay attention to the law applicable to the problem. Paper analyzes the behavior of drunken driving in the criminal law creation, clear criteria for determining drunken driving offense and the legislative purpose, introduced outside of the common law and civil law countries, the relevant legislative and judicial experience, and by analyzing the drunken crime criminal conduct identified, clearly drunk driving offense constitutes a crime, as well as competing with similar charges and transformation, the strict distinction between Zuiyufeizui, this crime and Peter crime, to help the relevant law enforcement and judicial practice. Finally, analysis of drunk driving offenses by the law applicable to note issues and put forward suggestions and measures to reduce drunk driving, drunk driving criminal legislation to punish and application of the law is important.
Keywords/Search Tags:drunk driving, constitute a crime, criminal liability, Criminal Law Amendment (8)
PDF Full Text Request
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