The Identification And Treatment Of The Crime Of Dangerous Driving Drunk Driving Type

With the improvement of living standards, increasing rate of cars and the traffictools to bring convenience to people, but also to the increased risk of people. Drunkdriving appears constantly, the traffic accident frequency. Finally,”criminal lawamendment eight" the drunk driving for a crime, the crime of dangerous driving drunkdriving type. Now, this one accusation has been available for nearly three years. Fromthe beginning of the scholars have different views, which have been implemented forthree years, this one accusation is worth thinking.This article from the dangerous driving drunk driving type of offense background,before the drunk driving is not ultimately be written in the criminal law, scholars havedifferent views, a comparative analysis of the views of scholars, the author insists ofobjection. First of all, the punishment of administrative law of our country haveenough, do not need to drunk driving into criminal law. Secondly, the penalty fordrunken driving means wastes more judicial resources to investigate and dealwith drunk driving, drunk driving, and complete a variety of judicial procedure, thetime is also unable to deal with these cases. Once again, there will be "selective lawenforcement" phenomenon, in the process of practice, has restricted interests, letmore drunk driving people have no conviction.Of course, drunk driving has been written into the criminal law, we can not toquestion the authority of law, nor laugh at our laws, so a better understanding in thepractice of this crime is the key. The second part of this article explains that the crime ofdangerous driving drunk driving type. Mainly from the elements of the four aspects, andthen identified the key elements of detail, for example, drunk driving a motorvehicle, road, and other elements. Finally, dangerous driving drunk driving type andcrime of drunken driving traffic accident crime, endangering the distinction betweenpublic security crimes are discussed.The third part of this paper describes the process of the crime of dangerousdriving drunk driving type, namely the sentencing side. Drunk driving cases differentfrom practice, analyzes the reasons and the importance of a balanced sentencing,sentencing and to make reasonable suggestions, and hope to give the judicial practice inthe work to help.