Research On The Crime Of Dangerous Driving Drunk Type

Drunken crime is a serious social problem, There is no provision of the Criminal Law.as China entered the automobile age, drinking and drunk driving are also increasingly prominent in the crime, growing cases of drunken driving in traffic accidents caused widespread concern of the theory of criminal law and judicial practice.Lawmakers in response to this grave situation, in the criminal code amendment (h) the provisions of the law offence of dangerous driving have been added," Drunk Driving " into the assessment of the scope of criminal law, This article is referred to as " Drunk type of offence of dangerous driving "." Drunken driving conviction " to respond to the expectations of public opinion and the public, effectively control and reduce drunken driving behavior, preventing the occurrence of the damage results. But due to the limited criminal legislation forward, and the general provisions of criminal law are usually highly, in the offence of dangerous driving " Drunk Driving " understand and apply include many problems, to give full play to the Penal Code provides guidelines on evaluation and function to achieve the purpose of preventing and reducing drunk driving, it is necessary to " Drunken driving conviction " resulting from a rational and in-depth study of the problem. The author for this purpose," Drunken driving conviction " research and discussion on some theoretical and practical issues, combined with related experience, understanding and application of extraterritorial " Drunk type of offence of dangerous driving " idea.This article on the structure consists of introduction, body and conclusion of three parts. One of the quotes section describes " Drunken driving conviction " Integration of background and present situation of research and the author of research and study on the necessity of that.The body is divided into four parts. The first part is mainly explained Legislative setting and the theoretical support of" Drunken driving conviction ". This chapter specifically discussed from two aspects:first, described " Drunken driving conviction " legislation setting; secondly, that " Drunken driving conviction " basic theory of criminal law.The second part is mainly a detailed interpretation of " Drunken driving conviction" theoretical difficulties and confusion of Justice. The author in conjunction with the " Drunken driving conviction " a year to address cases of dangerous driving situations, a comprehensive analysis of the theory such cases the difficulties and problems encountered in the case, such as " Drunk driving is all in the criminal " and " sentencing balanced " and other issues.The third part by comparing the UK, US, Germany and Japan regulations and penalties for drunk driving, detailing differences between China and these countries, pointed out that the crime problems in setting up local and foreign.In drunk driving cases were argued on the basis of this should be taken to " legislation strictly judicial leniency to wide " attitude. Part Four is mainly in the previous section discussed on the basis of the identification of objective and subjective elements of drunk type of offence of dangerous driving, and attempted to put forward proposals for legislative and judicial.1, insisted on the responsibility of modernism, a clear subjective;2, from the standpoint of substantive interpretation of the objective element;3, the drunk driving conviction sentence taking into account the circumstances of the case;4, The conviction and sentencing of proposals for legislative and judicial. Finally, I hope that the judicial workers to properly understand the criminal code amendment (h) the provisions of the law on drink driving, hope, legislative and judicial organs at the same time to understand the type of drink driving offence of dangerous driving and problems in the application of further clarified.