Legal Analysis On Act Of Drunk Driving Causing Traffic Accident

With the rapid social economic development and the rise of people’s living standard, our country has entered into the age of automobile accompanying the fast growing number of vehicles since China’s reform and opening-up. Meanwhile, the incidence of traffic accidents is increasing. According to the investigation, the drunk driving has become the chief culprit causing traffic accident. China has the long history of wine culture. So, crimes being caused by wine, especially drunk driving, draws wide concern by scholars in legal field.May,2011, the celebrity performer Gao-xiaosong was sentenced to detention of six months for drunk driving. It draws public attention because the status of Gao-xiaosong. The Gao’s case is very typical.Through case comparison, this paper analyzes its debating spotlight from criminal law and proposes writer’s view, the point the paper concentrates on is the delimitation among the crimes including dangerous driving; traffic accident; endangering pubic security. The paper also analyzes the criminal responsibility of drunk driver. Investigating criminal responsibility of drunk driving is not only practical demand of punishing criminal act of drunk driving, but also a very important and significant measure to perfect system of criminal law with the reference of foreign experience. There is a long way to go that the criminal law amendment eighth to maintain balance of relationships between public opinion and legal spirit; axiom and jurisprudence;humanity and rationality.