Comments On Establishing The Crime Of Drunk-driving Behavior

The phenomenon of drunken driving vehicle in most countries of the world is asa serious offense as we thought, and those countries had been formulated the relevantlegal to prohibit driving by excessive intake of alcohol affects driving ability. Inorder to effectively prevent and punish drunk driving behavior, from May1,2011,drunk driving behavior are also included within the scope of the criminal law onceverified the behaviors of the act is belong to the drunken driving of a motor vehicle,then it shall be a criminal case. Under this new policy, not only led to the communityhad an actively discussing, but also there’s a lots problems to be related to judicialinterpretation and case reference in practice manyThrough Review theoretical point of view of several parties, we compared thestudies. Then we raised issues that may arise in the actual operation and analysis that,combining theory and practice that the process of punishing drunken drivingbehavior, there are still some problems, and need to be improved.This article is divided into four parts, respectively, from drunken drivingbehavior before and after the incriminating, the various issues that arise in the lawand the applicable process will be stated.The first part introduces the controversy of establishing the crime of drunkendriving behavior and the author’s opinion of the assessment of these disputes. Thisarticle will be divided into three sections. The first section describes the controversy of the public, theorists, justice practitioners on establishing the crime of drunkdriving behavior, and comment on the above controversy. The second and thirdsections described the necessity of establishing the crime of drunken drivingbehavior after the implementation of the charges brought real natural effect, affirmedthe positive significance of the drunken driving behavior incrimination.The second part analyses the elements of the crime of drunken driving behavior.The first section describes the "drunken driving" of the doctrine of subjective andobjective elements constitute the elements of the "drunk", the motor vehicle, the road.The subjective aspects of drunken driving behavior can only be deliberately. SectionII, the "drunken" subjective measurement and objective measurement of the pros andcons, such as the identification of "drunk" as a means of using subjective way that isintuitive, but there is the possibility of judicial corruption, while the use of theinstrument identified "drunken" quick and easy, but the best time to search theevidences in practice due to objective circumstances tend to miss the forensics, so itshould be using a combination of subjective and objective way to identify the"drunken ".The third part is the most important, the core content into a series of rationalreflection of the crime of drunk driving behavior of the full text. This chapter isdivided into two sections, the first section that I thought that drunken drivingbehavior should not be all into the criminal point of view, focuses on the13thdoctrine of the Penal Code, the proviso doctrine terms of the Criminal Law isapplicable to aspects of necessary and reasonable, and make fully explained why itcan be applies to. In addition, the crime of dangerous driving should be bound by theterms of the proviso, it can apply to the proviso doctrine terms and conditions of theexample listed. For example, the drunken actor drives because of an emergencyevent, the perpetrator drunk in a motor vehicle, but the motor vehicle to maintain thequiescent state, or drunken driving behavior of very short duration of these cases,which can be Decriminalization by the terms of the proviso. Section II describes thejurisdiction of explaining the meaning of the crime of drunk-driving. After analysis, Ibelieve that, in accordance with the provisions of the Legislation Law, the legal interpretation of the provisions of drunk driving should belong to the NPC StandingCommittee, can not be explained by the Supreme Peoples Court and SupremePeoples Procuratorate or the MPS.The fourth part is about to concern the judicial practice. This chapter is dividedinto two, section I, the main incriminating drunken driving behavior in theapplication and the process to produce a complex issue to describe, analyze thecauses. For example, the same case in the court’s decision, vary according to thediscretion of different penalties for blood alcohol concentration. Section II isgenerated from the judicial process to improve the existing standard of "drunk" fromthe legislative level, can be taken to arrest the coercive measures, to further refine thecriteria for sentencing, the solution to strengthen the chain of evidence collected infour areas.