Drunk Driving Incriminating Object Of Study For The Constitutional Law Perspective

Drunk driving incriminating object of study, for the study of constitutional lawperspective, around the definition of drunk driving behavior, drunk driving behaviorCriminal Regulation, foreign-related legislative provisions, drunk driving toincriminate the constitutionality of the four aspects launched a progressive layers ofin-depth study, prominent core of this paper-the constitutionality of the drunk drivingconviction. Through in-depth study of this paper found that drunk driving is aworldwide problem, not unique to China, many western countries as early as the timeof the Industrial Revolution has been such a problem, take a certain legal regulationmeans, and with the over time to make corresponding adjustments, but overall, thepenalty of punishment tends to serious. Nearly a hundred years in Western developedcountries into the punishment in drunk driving legislation and judicial experience willbecome the object of our study and learn from.Through in-depth study of this paper also found that the constitutionality ofdrunk driving into the criminal law, in line with the spirit of the Constitution to protectand realize human rights, specifically the implementation of three principlesembodied the principle of legal reservation, the principle of proportionality and theprinciple of clarity on top. Terms of constitutionality of such a legislative expertsdesigned the legal system in the process of practice, will be the legal and social effectsof a high degree of unity to curb drunk driving behavior, to protect public safety andcivil rights play its due efficacy. At the same time, drunk driving into the criminal isstill a new Penal Code provides that the provisions of their own immaturity isinevitable, there are a series of problems to be solved urgently reinforce thetheoretical basis. At the same time, I pointed out that governance drinking-drivinglaws means there are mainly two, namely, the administrative law means and thecriminal law. We can not because of drunk driving into the criminal on the one-sidedexpansion of the scope of the criminal law to punish "the circumstances are obviouslyminor" drunk driving penalty. We should do a convergence of administrative law andcriminal law, in accordance with the provisions of the law, in line with the legalprinciple of proportionality, reasonable legal means to punish drunk driving.In the research process, in order to achieve the study results, I uphold the spirit ofexcellence, the use of comparative law, investigation, literature, charts, France, andasked France and other research methods, through this multi-dimensional integration of research methods can make an affirmative answer to the constitutionality of drunkdriving in the criminal and drunk driving into the basic theory of punishment to makesome useful exploration to be able to clearly express their own academic point ofview in the academic atmosphere of "a hundred schools of thought contend" andinsights, and hope for drunk driving in the development and improvement of thecriminal system to provide some theoretical contributions.