The Research Of Drunk Driving Crime

" Dangerous driving crime" is added as one of crime in criminal law. Into effect, drunkendriving motor vehicle on the crimes identified in this behavior controversy and disagreement,which also led to a widely discussed in society. This article aims at "the dangerous drivingcrime " in " drunken driving motor vehicles " from the following parts.The introductory section introduces the problem of drunken driving a motor vehicle intothe criminal background as well as the controversy triggered.The first chapter introduces the main legislative background and the reasons for drunkdriving into the penalty. From domestic legislation, in terms of the Criminal Law Amendmentbefore the general plot of drunk driving behavior as a traffic crime will be punished, can notbe effective in preventing and curbing drunk driving behavior. Convicted and punished forendangering public safety in many circumstances lead to crime and punishment imbalance.Criminal Law Amendment (8) as a new count of drunk driving line to adapt to socialdevelopment. Legislation from abroad, the United States, the United Kingdom, Germany,Finland, Japan and our Hong Kong, Macao and Taiwan regions are different degrees for drunkdriving behavior to be criminal regulation. Drunk driving into the criminal to fill gaps in thelaw, conform to the trend of social development, and is conducive to safeguarding the vitalinterests of citizens and social progress and development.The second chapter discusses the elements of the establishment of the "dangerousdriving" drunk driving, the identification and punishment. Violation of the object belongs todrunken driving "dangerous driving" the the road public safety; the main motorized vehicle;subjective intentional aspects including direct and indirect intent. Identification of "dangerousdriving" should be distinguished with a number of similar charges. The difference is due todrunken driving and constitute dangerous driving, traffic crime subjective intent andnegligence of the other. The main difference with "the crime of endangering public safety"and "intentional homicide" is different from the subjective intent of the content. Constitute dangerous driving, drunken driving penalties magnitude based on the results of suitingpunishment guided by the principles, combined with the actual situation in China withinternational experience.The third chapter discusses the issues and deal with drunk driving into the criminal entity.Drunk driving into the penalty applicable should be extended to non-road public places.Identified drunk driving, a distinction should be made between voluntary drunkenness orinvoluntary drunkenness. Drunk driving into the criminal does not need to attach conditions toadapt to the new provisions and principles of criminal law on drunk driving into the penalty.Drunk driving problem in rural areas, with particularity, should strengthen the supportingmeasures.The fourth chapter discusses the problem and deal with drunk driving into the criminalprocedures derived. Drunk driving behavior is that the flagrante delicto there is no applicablestatute of limitations problem. Judicial appraisal should be a combination of blood testidentification and breath detection and identification, should be set up or authorize a specialaccreditation bodies for detection and identification. For drunk driving behavior should takecoercive measures under criminal detention proceedings. Can program settings for drunkdriving this type of behavior set up a special summary. In the current environment should bestrictly limited discretion drunk driving into the criminal.