A Brief Analysis On Legislation Improvement Of Drunk Driving And Juritical Pratice

With our country entering the automobile age, drunk driving issue is becomingmore and more prominent and has aroused widespread concern with the result thatthe call for taking drunk driving as criminal act is growing stronger. On February25th,2011, the nineteenth meeting of the eleventh session of the National People’sCongress Standing Committee passed the Eighth Criminal Law Amendment one ofwhose hottest content is that the drivers who drive motor vehicles under the influenceshall bear criminal responsibility as a result for dangerous driving. Regulation oftraffic police for drunk driving has started in an all-round way since May1st,2011,which became the sustained hot issue of attention for both the masses and the media.It has been more than two years since punishment for drunk driving started. Whilesevere punishment for drunk driving achieves good social effect, it is found that thereare still some problems that need to be solved and perfected in legislation and judicialpractice for drunk driving. The author hopes to point out some problems and puzzlesin the actual work as a traffic policeman and gives some suggestions on how to solvethese problems and what places need to be improved.The introduction part in this paper introduces the background and process oftaking drunk driving as the criminal act. The first part explores the general situation ofdrunk driving, including necessity of punishing drunk driving and comparison ofdomestic and foreign legal provisions concerning drunk driving. The second part elaborates on problems of drunk driving punishment in judicial practice that mainlycome from evidence collection, tatbestands and measurement of penalty of drunkdriving cases. Furthermore, the author elaborates on and gives some opinions on theproblems of evidence collection of drunk driving in practice, evidence collectionunder the special circumstances, such as avoidance of detection and refusing to bedetected by locking the car door on the scene, crime ascertainment of drunk drivingfor electric bikes, delivery oneself to the police for drunk driving and sentencing, etc.The third part expounds the problems and improvement of drunk driving legislationwith the emphasis on the latter, including the elaboration on relationships andboundaries of dangerous driving crime, traffic accident crime and the crime ofendangering public security, incorporation of driving motor vehicles after taking andinjecting drugs into the scope of the dangerous driving crime, adjustments ofexpanding the vehicles to ships, aircraft etc. This part also expounds the improvementof drunk driving punishment, including improving the principal penalty, settingqualification penalty, improving fine penalty, community correction and injunctionapplication. It also elaborates on improvement of drunk driving-related socialmechanisms by using drunk driving fine to replenish rescue fund for traffic accident,standardizing generation of drunk driving industry as well as enhancing legalpublicity of drunk driving.