Study Crime Of Dangerous Driving Drunk Type

2000years later, the increasing number of cars in our country, the number of traffic accidents has been increasing, which caused by drunk driving occupied large proportion of the traffic accident. As drunk causing traffic accident cases frequently appear in television, newspapers and other media, the public are paying more attention to drunk driving problems. In2011, the standing committee of the National People’s Congress passed the "criminal law amendment (eight)", will be drunk driving behavior into the scope of the criminal law drunk driving behavior will be convicted and punished by dangerous driving sin. However, drunk driving type of crime of dangerous driving as a new crime type, drunk driving type of dangerous driving sin in theory and in practice there is a lot of controversy.This paper is divided into five chapters:The first chapter mainly introduced the selected topic background and significance, research status at home and abroad and the research methods adopted in this paper. The second chapter, the author mainly from the drunken type of dangerous driving crime legislation background and legislative significance affirmed the positive significance of "drunk driving into the punishment". The third chapter, the author of drunk crime of dangerous driving in China from the traditional four elements that analyses about the subject, object, subjective aspect and objective aspect, through the introduction and analysis from different points of view, further clear about the subject, object, subjective aspect and objective aspect. The fourth chapter, the author puts forward some legislative defects of dangerous driving crime, first of all, the standard of the crime of "drunk" into the vague; Second, the legal punishment of the crime of drunk type of dangerous driving Settings are unreasonable; Finally, drunk crime of dangerous driving conviction standard is not clear, and other similar charges is blurred. Fifth chapter mainly introduces the overseas and Hong Kong, Macao and Taiwan regions in our country legislation status of "drunken driving", by using the method of comparative analysis pointed out that our country exists in the crime of dangerous driving Settings of shortcomings. The sixth chapter, the author in view of the above proposed legislative defects on the question of whether drunk driving shall be convicted and punished was analyzed, and the crime of dangerous driving and traffic accident crime and the crime of endangering public security by dangerous methods the relationship between the comb. Outside the prescribed set on at the same time, the author gives his own advice: the legal punishment, increase the soft punishment and new qualification punishment.