Drunk Driving Behavior Considered Criminal Law

With the rapid development of society, human civilization gets into theautomobile age, which makes an increase in the number of traffic accidents caused bydriving cars and other motor vehicles. Traffic safety has become an important aspectof personal safety. Thousands of years’ development of wine culture in China, makesthe behavior of drunken driving universal. Serious harm cases of drunken drivingcausing serious traffic accident occurred one after another in2008, which has arousedthe concern of the whole society."Amendment to the Criminal Law of The People’sRepublic of China (VIII)" regulates that drunken driving can be the crime ofdangerous driving to punish the behavior from a criminal point of view. For more thanone year, the implementation of the provisions has achieved good social effects.Although the crime of dangerous driving is a new crime, foreign law has alreadyregulated the related offenses and "the Road Traffic Safety Law of The People’sRepublic of China" has always punished this act. There is a theoretical basis andpractical needs on the behavior of drunken driving criminalization. However, it isundeniable that, as a new offense, it encountered a lot of problems in theimplementation process. This thesis analyzes and expounds some questions aboutdrunken driving on conviction and punishment in the judicial practice from severalaspects, and think about some other related questions. The thesis will be discussed inthree parts:Part I: Give an introduction of the legislative history of drunken driving behaviorincriminating. Analyze the practical need of drunken driving conviction through therelevant laws and regulations before and after the "Amendment to the Criminal Lawof The People’s Republic of China (VIII)". And analyze the improvement of drunkendriving punishment legal system after drunken driving incrimination.Part II: Focus on analysis of objective aspect of drunken driving dangerousdriving offenses. First of all, discuss a case to analyze the scope of "road" in drunkendriving, and then pointing out the different effects of different road environments on drunken driving; Secondly, analyze the standard of "drunk" in drunken driving; At last,analysis the relationship among drunken driving,"adverse circumstances" and"obviously minor circumstances". And then provide a reasonable analysis on drunkendriving using the "proviso" clause.Part III: Think about the questions of drunken driving dangerous driving offensein judicial practice. First, analysis the dispute of identifying the surrender of drunkendriving in the judicial practice, analyzed whether surrender can be identified in specialcircumstances from the perspective of "lighter". Second, from the perspective of"Severe", pointing out the need of recidivism system of drunken driving from thenecessity and feasibility view, and an elementary suggestion is put forward to set upthe system. In the end, try to give some advisable suggestions about someunreasonable problems in the sentencing of drunken driving.After the law regulated that drunken driving can constitute the crime ofdangerous driving, the punishment system of drunken driving has been formed in thecriminal law penalties. It can be the crime of dangerous driving, and then the trafficcrime, and the heaviest crime of endangering public safety in a dangerous way.Therefore, to convict drunken driving need to be more cautious. This thesis aimed athandling of judicial practice in cases of drunken driving better on the basis of a moreprofound understanding of the crime of dangerous driving.