Drunk Standards And Dangerous Driving Crime Problem Research

The vigorous development of the transport industry has greatly promoted the rapid development and progress of society, however, everything is one on both sides, including advantages and disadvantages. The significant and vicious traffic accidents occur frequently throughout the country, which has a great deal of harm to the majority of people’s lives and health and property security. Facing a serious traffic safty situation,the nineteenth meeting of the NPC Standing Committee voted on the PRC Criminal Law Amendment (eight), making the drunken driving into the scope of criminal law regulation, but the provision doesn’t clearly stipulate drunken driving ’s plot conditions, resulting a lot of controversies to whether drunken driving behavior needs plot constraints, and whether drunk driving behavior is convicted controversy in the academia. Therefore, the paper plan to analyze the problem of drunken driving behavior into crime from the principle of criminal law research, domestic and international legislation comparison research, legal interpretation research and the social effects of the issued amendment of the criminal law (eight) four aspects.The full text includes the introduction, five chapters and Conclusion.Introduction mainly adopt large amounts of data, cases to introduced the latest revision content of the Criminal Law Amendment (eight), as well as the vice president of the highest court drunken driving interpretation which leads to a lot of discussion on drunken driving shall be incriminating issues. The first chapter details the legislative process of the crime of dangerous driving and related dispute, in order to brief the legislative background of the Criminal Law Amendment (eight). The second chapter analyzes the drunken driving behavior from the perspective of criminal law principle, including questions of why drunk driving conviction, of how to identify drunken driving in the administrative, judicial practice, of whether drunken driving need plot restrictions, or whether incriminating. The third chapter gives a analysis and appraisal to the crime problem of drunken driving behavior from domestic and international legislation comparison research, mainly including relevant legislative provisions of civil law and common law countries and regions.Based on a brief analysis we hope to get a in-depth understanding in order to do an in-depth study about drunken driving conviction. The fourth chapter plan to give a in depth analysis and description to the problem of drunken driving behavior into crime, mainly explained by the context, systematic interpretation, historical interpretation, the purpose interpretation to proveall drunken driving behavior s are incriminating. The chapter five analyze the argument that drunken driving shall not be incriminating from the implementationof the social effects of Criminal Law Amendment (eight).Conclusion on the basis of the full text continues to expect the perfection of the legal systems of the drunken driving behavior.