Knotty Problem Driving Drunk

With the official adoption of Amendment VIII to the Criminal Law of People’sRepublic of China, the establishment of dangerous driving crime fills in the original lawgap, bringing the act of drunken driving into criminal regulation even without actualdamage. However, the concrete crime identifications of drunken driving by existinglaws and regulations are not detailed enough. It is still greatly controversial to identifydrunken driving crime in judicial practice, such as how to distinguish drunken drivingcrime from related crimes, whether or not the act of drunken driving should beclassified in criminal law, where the distinction between intention and negligenceinvolving drunken driving is available. From the perspective of the combination ofjudicial practice and criminal law theory, this article aims to illustrate the theoreticalachievements and legislation situation concerning drunken driving and discover theshortcomings in drunken driving crime from concrete cases with the combination andreference of related theories at home and abroad. Thus improved suggestions areexpected to be put forward in terms of drunken driving crime by seeking relevantthought.