The Research Of Several Controversial Issues Of Drunk Driving’s Dangerous Driving

February25,2011, the Standing Committee of the Eleventh National People’s Congress forconsideration by the Nineteenth Meeting of the "<People’s Republic of China Criminal Law>Amendment (eight)," added the crime of dangerous driving " drunk driving "," drag racing "both offenses are thus included in the scope of criminal regulation."Drunk driving into thepenalty " demonstrates our punish drunk driving spirit of the law, to effectively punish drunkdriving behavior, road traffic safety guarantee to provide a solid legal protection. Facts provethat " drunk driving into the penalty " is also made very significant social effects. Nevertheless,the differences of " drunk driving type " dangerous driving offenses theoretical controversies andjudicial application on has continued, mainly in the "drunk driving type " dangerous drivingoffenses are all incriminating, how subjective sin finds that the existence of unfinished form andissues such as the scope of crimes subject. In this paper, China’s " drunk driving into the penalty" in the background as the entry point to the existing criminal law on the "drunk driving type "dangerous driving offenses legislative provisions as the basis for "drunk driving type " dangerousdriving offense in the applicable basis, the use of analysis, comparison and empirical research,intends to "drunk driving type " dangerous driving offenses controversial issues in-depth analysisand reflection, and then puts forward proposals to improve the relevant legislation.The main text of this article includes four parts:The first part of "drunk driving into the penalty" in the background, course and effects.Summarizes the analysis of the "drunk driving into the penalty," the theoretical and practicalbackground; investigate drunk driving into the penalty "process; While fully affirming the"drunk driving into the penalty "positive social effects are achieved at the same time, that" themain contentious issues drunk driving into the penalty "caused.The second part of "drunk driving type" crime of dangerous driving major controversyanalysis. Focuses on the academic and judicial practice departments on the "drunk driving type"dangerous driving offenses controversial issues, but that the terms of the applicability of thebook and how to apply their subjective sin is intentional or negligent, the existence of criminalattempt and criminal suspension and so on.The third part of the "drunk driving type" extraterritorial investigation contentious issuesrelated to the crime of dangerous driving and learn. Study focused on national and regionalrepresentative for extraterritorial "drunk driving type" dangerous driving "legislation and judicialpractice related to the disputed issue, through a comparative study in order to learn from theirbeneficial reasonable legislative and judicial experience.Part IV perfect "drunk driving type" Suggestions dangerous driving legislation. This paperargues that "drunk driving type" crime of dangerous driving is negligent (overconfident) abstractPerilous, without proof of legal fiction, there is a presumption of abstract danger, but also thecircumstances of the crime committed, it should not preclude the risk of evidence to the contrary,illegal mechanisms of negates the argument of sin and responsibility negates the like.Recommendations for "drunk driving type" criminal offense of dangerous driving body to beexpanded interpretation; while adhering to the blood alcohol content detection as the most important, not the sole basis for conviction, while the rich drunken proposal means identified tooptimize the authorization procedure; break through the traditional criminal law limitations ofthe theory, the existence of this crime is certainly criminal aborted attempted crime situation andrecommendations should waive or reduce the punishment.