The Defects And Improvements Of The Dangerous Drunken Driving Crime

Our country has a special culture in wine.With the increase of motors in our daily lives, drunken driving becomes more and more common. Even some drunken drivers have made lots of miserable accidents.Implemented on May1,2011Amendment to the Criminal Law (Eight) brought drunken driving into the Criminal Law. Since then blood alcohol concentration became the only legal basis of the crimination and the discretion of punishment to drunken driving. Drivers who have more than80milligrams of alcohol per100milliliters of blood in their body are considered drunken. But biologically, everyone is different in resistance to alcohol. Some people who drink very little become red in the face and talk incoherently, and even feel faint and vision blurred. However, they have no more than80milligrams of alcohol per100milliliters of blood in their body, which was considered drunken biologically but not legally. While some other people who have strong ability to resist alcohol can drink much more. When they have more than80milligrams of alcohol per100milliliters of blood in their body, they are not drunk biologically but legally. Therefore, I think this kind of discretion of punishment is unscientific. People began to dispute a series of questions on drunken driving. As I concern, we need to improve the laws on dangerous drunken driving crime. In this paper, I found out different opinions on drunken driving among different age of people who are drunker or non-drunker and.the people who have a driver’s license or have not in Lingling district Yongzhou city by distributing200questionnaires. And then I essentially studied dangerous drunken driving crime in China, and analyzed its reasonable application what’s more, I discussed how to set stricter judging standard on drunken driving. At last, I suggest that we should improve the laws on dangerous drunken driving crime by combining China’s national conditions with cultural traditions and absorbing the essence in some foreign legal systemAnd then, the setting on dangerous drunken driving crime exists in a lot of defects, such as less standard scientific, too simplicity on transportation and so on. Through the legislature observation on the USA, Russia and Japan, we can draw lessons from their advantages on it and give more specific advice on the defects.At last, I suggest that we should improve the laws on dangerous drunken driving crime by combining China’s national conditions with cultural traditions and absorbing the essence in some foreign legal system.