Research On Criminal Regulations Of The Drug Driving Behavior

Drug driving behavior caused by road traffic accidents often occur in our country, and the incidence increased steadily In recent years. China news media often report cases of the vicious traffic accidents caused by drug driving behavior; people hated the behavior of such a tremendous threat to the safety of people’s lives and property. However, with China’s economic development, drugs and car ownership per capita in constant increase in the possibility of driving a motor vehicle in drug abusers took drugs have become more sophisticated. Driving behavior of drug abuse has now become a major hidden yet another serious threat to road traffic safety in China. Therefore, we want this serious threat to people’s lives and property safety behavior into the scope of criminal legal regulation, and effectively protect the safety of people’s lives and property. First, the connotation of drug driving to explore in depth analysis of drug concept of drug driving behavior, the different definitions of academia for drug driving concept, and on this basis, coupled with my own understanding of drug driving behavior the author own point of view:clear driving drug abuse The first is a drug abuse, dependence of narcotic drugs and psychotropic substances for independent medical practice activities, a large number of repeated use, just to meet the physical and psychological needs of the individual or for the use of the entertainment and other non-medical purposes; then illustrates the dependence of narcotic drugs or psychotropic drugs and driving a motor vehicle to be used for medical purposes that exclude the concept of drug driving reason. Second, the article from the dangers of drug driving behavior, the penalty should be fine and incriminate the effectiveness of the three aspects of crime prevention start incriminate drug driving behavior according to the analysis. The dangers of introduction:the large amounts of data and case listed drug abuse have serious implications for safe driving; high incidence of drug driving cases; of drug driving behavior against the a major legal interests; drug driving behavior of people with serious subjective vicious. In the criminal law should be fined and presentation:analysis of existing administrative law has been difficult to effective regulation of drug driving behavior; existing counts of criminal law system is difficult to cover drug use driving behavior. The effectiveness of crime prevention:prevention of crime and the effectiveness of the introduction into the criminal behavior of drunk and drag racing, to provide a reference for drug driving behavior incrimination. Finally, the crime of drug driving behavior into three aspects put forward their own vision: First, investigate incriminating charges positioning drug driving behavior, defining the scope of a crime is constituted, asked the driving behavior of drug abuse should be integrated into the offense of dangerous driving; second is to explore from the object, objective, subject and subjective aspects of drug driving offense constitutes a crime; legal punishment of the crime of driving behavior into Australia, the European Union and other countries and regions of drug abuse configuration to learn, and then proposed the idea of drug driving into the crime of Statutory Sentence.