Studies Of The Dangerous Driving Crime Of Drunk Driving

Due to the causes such as social requirement and rushing legislation, the action of dangerous driving, especially drunk driving, has aroused wide argument in academic community and practice fields since the beginning of its entering into crime scope. This thesis attempts to demonstrate the objective problems brought out by dangerous drunk driving from the two perspectives of criminal law theories and practical work of justice, which can be perceived as a victory of public opinion instead of a complete rational legislation. Under the unchangeable legislative condition currently, we can only use interpretation theory to regard this crime as an abstract and potential damage offence when applying laws. In order not to overextend the bound of criminal law, we can raise the dangerous elements in its criminal components and thus differentiate it from the behavioral offence. Besides, allowing feasons to disprove themselves when the crime is cognizanced also helps solving this problem.This paper consists of six parts, the first part of which is about the problem put forward. The existing differences which are among the supreme people’s court, the supreme people’s procuratorate and ministry of public security about concrete operations in practice on dangerous driving criminal punishment is regarded as the breakthrough point. The second part from the theoretical level explores whether the punishment shall be carried out. There are two points; one is affirming, and another one is negation. The first point affirmed that drunk driving shall be put into criminal punishment based on risky society theory and the original control mode failure. Negativism by law is based on the criminal law’s contraction and the public opinion of their criminal visional demand. The third part from four elements crime constitution theory analyzes the elements of establishment of the crime of drunk driving. And then this part also analyzes the relationship between the crime of drunk driving and other crimes by comparison. The fourth part from qualitative analysis level from the angles of the criminal elimination and the constitution of a crime proves that whether the drunk driving is criminal is reasonable.The fifth part from measurement of penalty focuses on the plots of the measurement of penalty during judging the drunk driving crime. The last part from the angle of the existing problems in judicial practices analyzes the advantages and disadvantages about the drunk driving as a criminal punishment. The part also comes up with the roots of the problems, that is to say, the process of this crimes is the process of behavioral offence by the logic judge of whether the behavior offence is formed or not. However, it in the legislative process is regarded as a dangerous crime to the provisions, which is the tensive relationship between an ideal dangerous crime and the expression behavioral offence. The goal of this paper through drunk driving sin theory and practical analysis is to find a solution to this crime in practice, realizes criminal law punishment principle of corresponding value and carries out the "tempering justice with mercy" criminal judicial idea.