Comparative Research Of Law And Regulations On Drunk Driving Between Taiwan And Japanese

A survey of traffic accidents in2008WHO shows that about50%-60%of trafficaccidents are caused by drunken driving, and drunk driving has become the maincause of death in the accident. The dangers of drunk driving is shocking, and it hasbecome a road killer of frequent traffic accidents and human tragedy. Since “theCriminal law amendment (eight)” carried out,on the one hand, the number of drunkdriving has a sharp drop，the effect of drunk driving into the punishment is obvious；on the other hand, because of the rough supporting laws and regulations governingof drunk driving，people resist the alcohol test, escape more frequently, even dosome violence behavior against the law, threat to the personal safety of police andthe public. Therefore, to learn foreign advanced legislative technology, perfect ourcountry liquor in legal regulation, strengthen the guidance and orientation of law, isan urgent need of social development but also the strong calls for Chinese judicialreality.Chinese Taiwan and Japan are earlier entered the age of automobile countries orregions, experienced traffic safety in the age of automobile, the drunk drivingmeasures regulation is relatively mature, the penalty structure and penalty structureof drunk driving punishment become reasonable and obvious in ladder characters, itrestrain the drunk driving’s happen. Absorbing the essence law, Researching drunkdriving punishment on the ladder and the effective connection with the administrative penalties for drunk driving has important significance to improve ourlegal regulation of drunk driving.The article is divided into five parts. The first part researches Chinese drunklegal regulation, mainly introduces the legislative history, present situation andanalysis. It pointed out that the regulation drunk driving laws had Macro implementsthe ladder of legal regulation, but failed to achieve the micro, and the problem andlack in law.The second part and the third part research Chinese Taiwan and Japan drunkdriving laws, mainly introduces the legislative history, present situation and analysis.It pointed out that Chinese Taiwan, Japan regulate the type of drink driving behaviorand legislative characteristics.The fourth part and the fifth part research the history and status quo of heregulations on drunk driving in China Taiwan and Japan, then points out where wecan learn in law. In the background of reconstruction of legal system, we mayconsider separating the crimes that are related to drunk driving, the crime ofdangerous driving, the crime of causing traffic accident and the crime ofjeopardizing public safety with dangerous methods, and corporating all of them intothe crime of dangerous driving or a newly established crime of drunk driving, andthen configure the corresponding penalties according to the degree of theirharmfulness to society.