On The "Dangerous Driving Crime Of Drunk"

From the2011"criminal law amendment (eight)" adopted and implemented, our country will be drunk driving into the scope of the criminal law. However,"drunk" dangerous driving crime from the beginning, how to correctly understand and apply this charge, has been in the circles of theory and practice is controversial, unable to agree on which is right.This paper attempts to "drunk" dangerous driving crime overview,"drunk" dangerous driving crime established legislative basis and evolution,"drunk" dangerous driving crime situation, foreign legislation,"drunk" dangerous driving crime legislation, judicial and other five parts to carry on the elaboration and analysis, according to the "drunken" dangerous driving crime in legislative and judicial problems put forward a sound proposal.The first part of the paper around the "drunken" dangerous driving crime crime constitution of the "four elements", one by one in detail "drunk" dangerous driving crime subject, subjective, object, objective aspect, gives the readers a comprehensive understanding of China’s existing laws on drunk driving behavior.In the second part, through sorting out the legislative basis and the establishment of "drunk driving crime of dangerous, collected many foreign advanced experience and practice. Recognize the need for legislation from the theoretical support, see the practical need of society, from the development of.In the third part, based on China’s current legislation system arrangement, the legislation for "drunk" dangerous driving crime to see more intuitive, has made great progress, there are also shortcomings.The fourth part is the extraterritorial legislation, the legislation of civil law and common law on the set of "drunk" of the crime of dangerous driving, summarize advanced experience.The fifth part of this paper have insufficient driving crime in legislation and judicial practice of "drunk" dangerous aspects of evaluation, the author concluded their views and proposals from.