The Criminal Regulation On The Act Of Drug-driving

This thesis consists of six parts.Part Ⅰ The Cause of Action. Mr. Yang drug-driving Accident case.Part Ⅱ Case Introduction. Mr. Yang, a31-year-old Chengdu man, has a drug abusehistory of6years, and10years driving experience. After playing PC games, he refresheshimself by taking drugs twice, he drives the customers to the airport the next morning.However, his car suddenly gets out of control on his way back, not only illegally turns right atYi Guan Miao crossroad, but also crosses over the double amber lines, resulting in one deadand four injured.Part Ⅲ The Focus of Controversy. Depending on the understanding of Mr. Yang’ssubjective state of mind,there are two viewpoints: the accuser finds Mr. Yang guilty ofendangering public safety in a dangerous way, while the defendant argues that he onlycommits the crime of causing traffic casualties.Part Ⅳ The Legal Analysis. This part introduces the theoretical interpretation of IndirectIntention、Negligence with Undue Assumption and Actio Libera in Cause, which will furtherproposes ways to determine the subjective state of mind of actors with limited capacity.Part Ⅴ The Case Analysis. This section first comes the specific analysis of Mr. Yang’ssubjective attitude from two aspects, then an evaluation about the court’ judgment will begiven, as well as the final conclusion.Part Ⅵ Legislative Proposals. According to the principle of unity of subjective andobjective, the author thinks that Mr. Yang should be convicted of the fault of endangeringpublic safety in a dangerous way. What’s more, by discussing the necessary to regulatedrug-driving by criminal law, the author puts forward some suggestions on criminallegislation.