Criminal Regulation On Drug Driving

Over30years of reform and opening-up in China, the national economy experiences a fast, stable and sustainable development. In terms of infrastructure of highway transportation, highway mileage ranks only to the United States and beyond Japan, ranking second in the world. Auto manufacturing is in a period of high-speed development along with the car ownership ranking second in the world as well. Due to new drivers soaring in recent years and furthermore some of the driving school lowering their principles, dangerous driving behaviors on the road are numerous in variety, resulting in outburst of traffic accidents like "The Lotus Pond Effect".In2011,"Criminal Law Amendment (VIII)(draft)" determines the drunk driving motor vehicle and racing behavior as dangerous driving behavior and for the first time sets up an independent crime of dangerous driving. However, due to the extension of dangerous driving behavior is too narrow, such as that drug driving, more harmful than drunk driving behavior, is not regarded as dangerous driving behavior. Therefore, Reports on serious traffic accidents caused by drug driving in recent years emerge endlessly and draws the extensive attentions of the whole society. Legal scholars and all walks of life all appeal for and discuss the necessity and urgency of listing drug driving into the Criminal Law.Harmful consequences caused by drug driving behavior are no less than drunk driving behavior. It causes serious harm on social public order and legal interest. The harm result refers to violation of the legal interest inducing the facts of damage. The purpose of Criminal Law is the unification of the punishment and prevention of crime. Thus the indrawing of drug driving in Criminal Law is beneficial to deter altering of drug driving state from the abstract dangerous crime to actual crime. Drug abuse is an important part in drug crimes chain, and the non-ignorable stage of fight against drug crime. Listing the drug driving into Criminal Law would not only effectively deter occurrences of traffic accident on road, also have important practical significances in the fight against drug crime. As a result, it is necessary and urgent that listing drug driving into the regulatory scope of Criminal Law.Based on infrastructure and development of highway transportation in China and case analysis on terrible traffic accidents caused by drug driving, this paper plans to draw lessons from legislation, judicial experience, penalty purpose, social harmfulness of comparative analysis method, causal relationship of criminal law, and subjective intent and negligence in other countries to explain necessity and urgency of listing drug driving into Criminal Law.