Try To Talk About Drunk Driving Behavior Of The Criminal Law

Since the end of2008, case of Weiming Sun, Mingbao Zhang, Xijun Zhang, WeibinWang and other serious traffic accidents, has caused public backlash, and social public opinion holds that should increase the penalties to curb the frequent occurrence of drunk driving behavior. In order to cope with the serious drunk driving accident, criminal law theory circle and practice circle together, have issued" on the application of law to the crime of drunk driving issues opinions" and" criminal law amendment (eight)", alleviated on certain level the judicial practice as pressing danger. However, in the circles of criminal law, drunk driving accident cases in the behavior of human subjective guilt judgment there has no specific standard, qualitative of drunk driving accident which caused serious injury death, discuss of how to perfect the criminal regulation of drunk driving behavior is no end, also, crime conviction standard of dangerous driving is fuzzy. Comprehensive and systematic study on the drunk driving behavior in the criminal law of China, has positive and realistic meaning to strict the criminal law system and contain the multiple development of drunk driving accident cases.This article altogether divides four parts. The first part proceeds with the basic concept of drunkenness, elaborats the concept and classification of drunkenness, introduces the recognised standard and evaluation on drunken in domestic and international legislation, discusses the foundation of criminal punishment about drunk driving, to provide a theoretical basis for criminal regulation on drunk driving behavior below.The second part proceeds with the introduction and comparison with conviction and sentencing of the four typical cases related drunk driving, leads the controversy between theory" the crime of causing traffic casualties " and theory " Crimes of Endangering Security By Dangerous Method", and then discusses the main points and deficiencies of them, focuses on how to evaluate the" two action" which continued to drive and caused new serious consequences after drunk driving accidents, to reveal a lot of problem when take drunk driving behavior as the crime of causing traffic casualties or crimes of endangering security by dangerous method.The third part introduces Germany, Japan, China’s Hong Kong and Macao regions of drunk crime situation, through the list of relevant legal provisions and analysis, to provide reference for our country to improve the regulation of criminal law against drunk driving behavior.The fourth part is the innovative part, that advocates to perfect the" criminal law amendment eight" on" crimes of dangerous driving", under the premise of affirmation that drunken driving can be punished, and drawing lessons from legislation of Germany on drunk driving. This paper makes the initial tentative idea to perfect the legislation of crimes of dangerous driving, refines the conviction standard, specific degree of different hazard consequences, and the corresponding penalty.The initial tentative idea to perfect the legislation of crimes of dangerous driving still has many imperfections, due to the lack of theoretical knowledge and practical experience. Waiting for your criticism.