Research On The Criminal Responsibility Of Drunk Driving

Drunking is a social behavior, which do not been jurisdicted over Criminal Law. But drinking leads to understanding ability and control ability weakened,at this circumstance, driving car will increase to the danger of damaging or having a risk of damaging life and property of public.at this time, drunk driving should be object to be regulated by Criminal Law.Absorbing drunken driving into criminal law system to regulate this kind of illegal activities does act the role of deterring educating and guiding to the public, drunk driving greatly reduced. However, the theory and practice of drunk driving is still discussed intensely. In theory, mainly group in the purpose of the legislation of drunk driving; How to define the abstract danger of drunk driving;The subjective fault of drunk driving should be intentional or involuntary. How to analyze the content of the subjective aspects and so on. On the practice, there are some difficulties in the determination of drunk driving, such as, whether all the drunk driving constitutes a crime, and what is the relationship between the general provisions 13 prociso article of the criminal law. How to grasp the specific elements of drunken driving. It is very important to clarify these difficulties in the process of the crime of drunk driving dangerous, which is of vital importance to the determination of the crime of drunk driving.This article will be divided into three parts to analyse these difficulties above related to the criminal responsibility of the crime of drunk driving. The first part is the legislative background and legislative purpose of drunken driving, analyzing the social background of "drunk driving into the punishment", to explore the legislative intent of the crime of drunk driving. On the background of the "car times" coming exacerbated the traffic risks by driving a car, the simple administrative means is difficult to produce enough deterrent effect on drunk driving, drunk driving repeatedly, based on original system of crime principles cannot cover drunk driving satisfactorily, in terms of protecting the general interests of the general public, adding the crime of drunk driving regulate this kind of behavior on the level of criminal law, control the risk of traffic on the permission of criminal law is necessary.The second part is mainly to analyze the characteristics of constitution of drunk driving crime. Objectively, drunk driving is potential damage offense,and as abstract dangerous crime, drunk driving has abstract dangerous, based on this viewpoint to further explore the drunk driving behavior of the abstract danger of judgment. On the subject of the current debate on the subjective fault of the crime of drunk driving, standing on the shoulders of giants to explain the subjective fault of the crime of drunk driving, the subjective fault of drunk driving should be intentional, the content of intention on cognition do not need the suspect know who he is on drunk, only he realize he was drunk or eat something which contain alcohol. On the will factor, only if the suspect realize he has been drunk or eat something containing alcohol, means he probably are in drunk to a great extent, at this moment, still drive car, indicating he indulge the public dangerous at least.The third part is mainly based on the problems encountered in the practice of drunken driving identification to analysis the existing problems. Some scholars proposal that drunk driving is not all into the punishment, to the circumstance is obviously minor, should be based on the provisions of article 13 of the criminal law but not recognizing the opinions for the crime, after a rational analysis of this point of view, come to a conclusion that the crime of drunk driving itself contains the plot, should not adjust to the article of 13 of the Criminal Law, if there is no violation of the reasons for the resistance, all should form the crime of drunk driving. Besides this part still do research to specific questions of practice, to try reasonable solutions.