Research On The Question Of The Criminal Regulation Of "Drug Driving"

In recent years, media on the cases reported were appearing "Hawthorn type effect" outbreak, malignant accidents due to "drug driving" caused endless. "Drug driving fierce as a tiger" is not an alarmist. Since the "Criminal Law Amendment eight" define "drunk driving" as a crime of dangerous driving, there is increasingly strong voice from the public to put the "drug driving" which as dangerous as "drunk driving" into the criminal law. If "drug driving" causes no harmful results, there is only administrative law to regulate it. However, for "drug driving" behavior which has serious social harm, only administrative regulations made it difficult to control the behavior. With the continued increase of drug addicts and per capita automobile holdings, the possibility of drug addicts to drive motor vehicles is increasing. "Drug driving" behavior has now become a serious threat to the country’s major road safety. We need to put the "drug driving" behavior into criminal regulation, for it is a serious threat to citizens’ personal and property safety, thereby, to effectively protect their personal and property safety. In this paper, I analysis the connotation of "drug driving" behavior, and I talk about the necessity and feasibility of putting the "drug driving" behavior into the criminal law. On this basis, I probe the incriminating standards of "drug driving", and advocate that we should specially set up the drug driving offenses to regulate the "drug driving" behavior which is a threat to public safety. When the "drug driving" causes real harm results, we should use different crimes to regulate according to different drugs. This paper is divided into four parts.The first part is the basic meaning of "drug driving" behavior. This section analysis the concept of drugs and driving behavior in the context of the "drug driving", compare several views of the current definition of "drug driving" behavior, come "drug driving" behavior means that the behavior of people taking drugs for non-medical purposes, driving a motor vehicle in the traffic management range, and enough to endanger the public safety or cause serious consequences.Part two is talking about the two views on whether we should put the "drug driving" behavior into criminal law or not. Evaluate the two views, and clearly favor the "positive view" and explain my reasons. Elaborate the Rationality of putting "drug driving" into criminal law in the way of analyzing its necessity and feasibility.The third part is about the standard of Incrimination of "drug driving" behavior. This section is an innovative part of this article. Although theorists called for putting "drug driving" into the criminal law, but for the incriminating standard of it is rarely mentioned. Currently, there are mainly three Incrimination standards, including the "zero tolerance" standard, "based on the effect of" standard and the "integrated state" standard. However, simply using any one standard may exists some problems, through the comparison among the above mentioned standard, I advocate that "a danger to public safety" standard is the most suitable one.Part four is discussing the designation of "drug driving" charges and its statutory sentence. This section focuses on the problems after the "drug driving" being put into the criminal law. I advocate that we should specially set up the drug driving offenses to regulate the "drug driving" behavior, and design its statutory sentence.The fifth part is mainly talking about the problem of how to convict the "drug driving" when it causes real harm results. There are two counts of criminal law that judicial practice usually use to regulate the "drug driving" behavior causing real harm results, and the two are traffic crime and the crime of endangering public safety. Because of the convictions and sentencing to the perpetrator are quite different, it will not help to establish deterrence of criminal law. This part is mean to distinguish different situation to regulate the "drug driving" behavior causing real harm results, and we can use traffic crime to regulate the one who taking inhibiting drugs, and use the crime of endangering public safety to regulate the one who taking stimulants or hallucinogenic drugs.