Research Into The Problem Of Convicting The Drug Driving

With traffic accidents caused by the "Drug Driving" is increasing, the safetyof road traffic and people is seriously threatened, the seriousness of the problem ofdrug driving has became prominent increasingly and gradually attracted theattention of the authorities. Regulations of drug driving behavior in our country isstill in the legal gaps at present, legal profession is on a fierce discussion aboutdrug driving into the criminal, and public opinion attention to this issue is alsogrowing. Although China has set the offense of dangerous driving in criminal law,the regulation of dangerous driving behavior is too narrow, the range of thedangerous driving behavior needs to be expanded. Through reading material andsearching cases to know the seriousness of the problem of drug driving, but thecurrent law of our country is not able to handle and restrict the wanton occurrenceof drug driving accidents. No rules no standards, It must set up corresponding legalregulation for drug driving such serious dangerous driving behavior, lots ofcountries have made regulation and punishment for it, so China needs effectiveregulation for drug driving behavior against the status of the drug driving problem,to curb such traffic accidents to occur continuously, by modifying the section design of dangerous driving crime, regulating drug driving behavior with criminallaw, so as to make up for the shortcomings and deficiencies of the criminallegislation of Traffic Accident in China, to safeguard public road traffic security.This article can be divided into four chapters to analyze the criminalizing drugdriving behavior:Through the introduction of the status of drug driving behavior in China, andlist some drug driving accident cases to illustrate the seriousness of drivingbehavior, as well as the research of our country’s present administrative law andcriminal law on the lack of legislation for drug driving behavior regulation, toclarify the necessity of criminalizing drug driving. Secondly, in this article, toresearch the theoretical basis of criminalizing drug driving behavior, clarify therationality of criminalizing drug driving behavior and the theory support. It mainlyresearch through two aspects in this chapter, namely through the analysis ofdriving behavior legal interests invasive, criminalizing drug driving behavior is notin violation of the austerity of criminal law, better demonstrated that criminalizingdrug driving behavior is feasible in theory. And by the research of drug drivingbehavior regulation legislation in the countries around the world, and China’s HongKong and Macao regions, sum up experience from the legislation precedents from all over the world, reasonably draw from the extraterritorial legislation experience,so that China will criminalize drug driving into the legislation of criminal lawmore reasonable and improve legislative efficiency.Finally in this article, through theoretical analysis of criminalizing drugdriving behavior and experience summed up by the national legislation, putsforward legislative Suggestions on how to regulate drug driving behavior, theauthor suggested that increase in the crime of dangerous driving drug drivingbehavior, and better regulate drug driving behavior in criminal law, at the sametime to make up for dangerous driving sin regulation behavior from the problem ofnarrow, at the same time also put forward some legislative Suggestions on thesentencing.