A Research On Dangerous Driving Crime Issue:Drunk Drivin

Criminal Law Amendment (8) has provisions about drunk driving, which still need explanations theoretically in many parts. It relates to the issues of popular criminal theories behind at present. Especially, the condition of sentence is not strict. It has no important documents on "abominable clue" or "little and terrible harm"; the obtaining of evidence on drunk driving has no standards now; the link between drunk driving and administrative punishment is a problem. Therefore, it is necessary to make further analysis on the definition of drunk driving, background of law making, structure of facts of about a crime, and the related issues. On the other hand, it is a rather new project of a research on dangerous driving issue of drunk driving, because the document has come out not long ago. At present, there are no monographs describing dangerous driving crime in China or judicial explanations related, so many Controversial places are worth researching. Thus, this research on such topic has creativity and writability, which makes sense to perfect the controversial issue of dangerous driving crime.Part one of this thesis states the meaning and nature of drunk driving, as well as some provisions related about drunk driving abroad. Part two is the key point. It analyses the constitutive conditions of drunk driving in detail through the view of legislation, proving that drunk driving belongs to behavioral offence and that its subjective sin is on purpose. Part three comments briefly on the present typical cases of drunk driving in practice through the method of Empirical Analysis, indicating the difficulties of conviction and sentence on drunk driving in judicial practice. Part four puts forward thorough proposals according to the difficulties of conviction and sentence on drunk driving in judicial practice through the research method of sociology of law. This thesis solves the following problems including the circumstance affirmation of drunk driving, the obtaining of the evidence, the setting of the criminal penalty on drunk driving, and the link between drunk driving and administrative punishment.