Reflection On Legislation And Justice Of Drunk Driving Into Criminal Law

With the steady growth of the economy as well as the people’s living standard in our country,more and more people are having private cars. However, there are too many drunk driving accidentsoccurring in the society. Drunk driving brings a serious threaten to people’s life, health and property safety.Therefore, in order to punish the acts of drunk driving, our government officially implemented the CriminalLaw Amendment (eight) in May1,2011. Soon after, our government also modified the Road Traffic SafetyLaw. The act of drunk driving officially was included in the criminal law and the effect is influential.However, through the test practice with time going on, a new crime that was added will causes manyproblems inevitably. Therefore, based on the discussion and reflection by the masses on these problems,this paper mainly aims at exploring some relevant regulations and suggestions.This article divides into four parts:The first part mainly summarize some relevant laws and regulations about the penalty for drunkdriving. Through reading the Criminal Law Amendment (eight) and the Road Traffic Safety Law and thestandard on drunk driving, we can know the specific laws and regulations about the penalty for drunkdriving to set the stage for the following article.The second part mainly is aim to provide reference and experience to improve the methods andsuggestions below by understanding and comparing the relevant legal provisions on drunken drivingbehavior of foreign countries, mainly European and American countries and some Asian countries. Havinga combination of different cultural customs and specific conditions and reflection on the lack of regulationof drunken driving behavior on the relevant laws and regulations, so as to set a foundation for the followingcontext.As to the third part, there is the reflection from the aspects of the main dispute of the problemscaused by drunk driving into the penalty. One aspect is from the question whether it is reasonable that ourdrunk driving is put into the penalty to reflect, that is to say, a combination tolerance of Criminal Law,Criminal Law General Regulation13, as well as the principle of legality, on our penalty for drunk drivingand drunk driving into the penalty since almost “all” into the sentence rationality to reflect. Another aspect deserves our reflection is that the reality problems of drunk driving occurred since the punishment of drunkdriving appearing in judicial practice. The main point of the conviction and sentencing is not balanced,waste sidelined administrative law, judicial resources and the difficulty to achieve these four areas tomaximize to explore. Through these two aspect of reflection and discussion, but providing relevantspecifications and recommendations for solving these problems as regard to the subsequent methods.The last part is mainly aim to reflect the above issues as well as a reference for disputes withforeign laws, considering local conditions, national condition of our country, respectively, from the aspectof the calls for the introduction of relevant judicial interpretations and regulatory documents, and improvethe relevant criminal law and administrative law system as soon as possible in which put forwardconvergence some standardized methods and recommendations so that the laws of the country for drunkendriving regulations become more reasonable and mature.