Issues On The Drunk Driving Into Criminal

Drunk driving into the criminal means drunk driving which endangers public safety and the traffic violations is treated as criminal penalties. Meanwhile, the drunk driving law costs will also increase. On May10,2011. the Supreme People’s Court and deputy party secretary, vice president of Zhang Jun said in a criminal trial courts throughout the country forum that investigating for criminal responsibility for drunk driving should be careful as drunk is not always constitute a crime. Since then, whether drunk driving being always into sin or considering plot restrictions have aroused discussion. Since the criminal of drunk driving a year ago, there have been many problems in the conviction and sentencing process. However, due to the "Criminal Law Amendment (8th)22nd’ expression on drunk driving behavior is simple, the Supreme Court did not make a clear judicial interpretation, either. So it can be seen to the crime of dangerous driving as newly established in the Criminal Lawcharges of drunk driving, there are still many problems. In this study, through the analysis of the personal views and recommendations into the criminal background of drunk driving, the elements of the crime of the type of dangerous driving, the difference between drunk drivingcriminal and related crimes. In addition, the study analyze the problems of drunk driving into sentence since a year ago.The study is divided into four partsFirst of all, the study analyze the significance of drunk driving into criminal by a brief introduction of the handling of drunk driving cases and controversies as well as other countries (regions) to the problem of drunk driving drunk driving into the criminal. legislative provisions of drunk driving into the penaltyFollowed by an overview of the main type of drunk driving offense of dangerous driving, the subjective element, object, objective elements constitute analysis on controversial whether all drunk driving into sin "that drunk driving is not always into punishment. By comparing drunk driving and traffic crime, crime constitute the crime of endangering public safety by dangerous means, the study analyze the difference between drunk drivino and the above two crimes. Then, the study tries to find out the reason through the combination of field data statistics involving drunk driving, drunk driving into the criminal case, and the analysis of different sentencing standards into torture have emerged since the electric car ownership,"malicious urging people to drink".Finally, according to the above drunk driving into the criminal appears the problem analysis, learn extraterritorial in the issue of drunk driving, advanced practice, combined with our drunk driving laws regulated system started late in the factors and our Lenient relative economy of criminal policy, proposed related suggestions. Firstly, drunk driving should be under criminal law, Article13of the General guidance and constraints, conviction and sentencing should be considered drunk driving plot, the plot of drunk driving, the harmful consequences and other factors should be taken into account to do guilt Suiting; Secondly, Add supplementary punishment; Thirdly, learn from the United States in the governance drunk driving practices, different drunk driving should be treated differently; Fourthly, reduce drunk driving two recommendations which includes perfect drink Chauffeur services and the popularity of alcohol measurement instrument.