The Research Of The Drunk Driving Offense Of Dangerous Driving

In recent years，with the addition of motor vehicles and the affect of the wine-drinkingculture in China.so many people ignore traffic regulations to drive after drinking，even drunkdriving. That result serious harmful loss to the people’s life，health and safety. In order topunish and prevent the action of drunken driving and safeguard the life safety. and the safetyof travel. The Criminal Law Amendment (Eight)："one new article was added into the article133rdof Criminal law in called crime of the dangerous driving，The new article put thebehavior of drunk driving into the scope of the criminal law，saying if one drunken drive onthe road he will be convicted penalty of servitude and criminal fine，" it take effect on May1st，2011. It mean drunk driving into the sentence.since then， the localities have launchedpunishing drunk driving activity. All around the country Some drunk drivers in each provincewere sentenced to a criminal punishment and indeed achieved some results.Because lackingspecific criterion for adjudgment，same drunk driving case was sentenced differently:some ispenal servitude; some is criminal fine; some is probation，some is detention and some areinnocent because of very slight circumstances; even some gained administrative sanctioninstead. There is no uniform standard of evidence.People start to doubt about the principal ofsentencing. and to question;"whether should be all drunk driving conviction"，"do drunkdriving conviction need plot limit"."Are drunk driving sentencing and probation recidivismsystem can be used""Which inspection standards should apply""Punishment is set eligibility""whethe to improve the classification of the principal penalty” These problems caused a"drunk driving" type crime of dangerous driving implement fuzzy zone. Therefore, we need todiscuss the "drunk driving" offense of dangerous driving type controversial issues and furtherdefined the crime "drunk driving" type constitutes the crime of dangerous driving, Moreover,not only drunken driving behavior would constitute the crime of dangerous driving, but alsomay lead to dangerous driving and other counts of competing and overlapping, it is necessaryto sort out the drunk driving penalties caused by the action of a bottom-up system. Anddiscuss "drunk driving" type of dangerous driving law enforcement and judicial other issuesand made perfect creative suggestions.