Legal Issues In The Study Drug Driving Penalties

with the emergence of new drugs and the popularization of private cars, there are more and more drug driving cases and many drug addicts even have driver’s licenses. The drug driving is not a crime according to the current criminal law in China, unless the drug-taking driver commits other crime. However, drug driving is similar to drunk driving in nature, characteristics and social harmfulness. As4·22serious traffic accident caused by drug driving as an example, the social harmfulness in drug driving cases is equivalent to drunk driving, but the8th amendment of the criminal law did not take drug driving as a crime, so the crime name of dangerous driving is not complete and need to be optimized. The purpose of dangerous driving is to limit different kind of dangerous driving, so drug driving should be as a crime, so public transportation safety and peoples’personal and property safety can be protected. This dissertation suggests that drug driving should be a kind of dangerous driving, if the doer driving motor vehicle on roads, he would commits the crime of dangerous driving, without the need for he must cause casualties or property damage. After the drug driving has been a crime, the constitution, standards and legal punishment should be clear, so the new crime name can be well-applied in justice.