Thinking On Criminal Drug Driving Behavior Into Criminal

With the rapid development of the social economy, China has come into a peak period of automobile industry, and the level of people’s income has been increasing significantly, which has led to more and more vehicles on the road. So the situation of our traffic has increased much more badly. Much more people have paid their attention to the Drug driving which is the root cause of traffic accidents. The problem of Drug driving became more and more important, so it has become the focus of the theory of crown law and judicial practice. For create a net of crown law which can be called " strict but not severe ", we should not only do some research on Drug driving but also think it over, which will be useful to expand the scope of our crown law. Nowadays our model of legislation should change, from the standard of results to acts. Our crown law should include such very dangerous acts. Some scholars have pointed out that " The act of Drug driving should be one clause of our crown law in order to enhance the punishment of people who offense it. The thought of crown Law on the behavior of Drug driving is contributive to improve the current crown law and form an systematic project that can prevent and control the accidents of traffic.This paper will focus on the design of the legislation with the add clause of Drug driving to our new crown law. The author attempts to describe the think of drug driving behavior, which has become one part of our crown law, with four parts as follows.The first part will define the core concepts of "Drug、Drug driving and analyze it. In this section, through the analysis of "drug" into several classifications, we can define the act of Drug driving definitely so that we are able to make a qualitative standard for it.The second part describes the legal responsibility of drug addiction behavior, drug analysis of driving theory and drug driving behavior in both subjective and objective analysis.The third part studies the necessity of drug driving behavior into criminal. Analysis on the necessity of drug driving behavior into criminal from various case, and analyzes the necessity of drug driving behavior into criminal legislation from the drug driving behaviorThe fourth part of the analysis of criminal responsibility of drug driving behavior analysis of drug use, criminal responsibility of our country’s criminal law, the law of our country stipulated drug driving traffic accident responsibility, from the relationship between criminal responsibility and social harm degree of consideration of drug driving conviction is feasible, and the present stage management measures in China drug addicts driving of vehicles.The last part will introduce you the legislations over the world about the act of Drug driving. And we will endeavor to find the best way that can be used to include it into our crown law. Through making comparison of the legislations among the world, I try giving my suggestions about the Drug driving, for which is serve our legislations.