Research On Some Problems Of The Crime Of Drunk Driving Dangerous Driving

In recent years, with the development of economy of our country, car has become people choose to travel an important means of transport, but the question of driving after drinking is becoming more and more serious, especially some drunken driving caused all kinds of traffic accident is shocking. To effectively curb drunk driving and other dangerous driving behavior, better protect people’s lives and property safety, criminal law amendment (eight) added a dangerous driving crime, so that the high incidence of drunk driving has been effectively curbed, drinking is not driving, driving not drinking, the concept has been deep into the heart, the crime of punishment of drunk driving played a positive role, fully played a criminal law to punish crimes, maintain public safety value.The crime of dangerous driving has been more than 4 years since the implementation of the crime in May 1,2011, and there are some new situations and new problems in the judicial practice. Such as drunk driving whether all into the crime, drunk driving excessive electric cars constitute a dangerous driving crime, dangerous driving crime and how to identify and so on. The problems that arise in these practices have been plagued by practice. Therefore, this paper analyzes and studies the basic theory and practice of the crime of drunk driving, in order to provide a reference for solving the difficult problem in judicial practice. This paper is divided into four parts:The first part:around drunk dangerous driving crime basic theory, from the crime constitute elements of the understanding and grasp, drunk dangerous driving crime can be applied to the "proviso" clauses, and a drunk driving crime three problems are described. Think to be closely linked to from drunk driving behavior nature of legal interest infringement, actors external behavior identified four aspects to grasp the requisites to constitute a crime. Analysis of the behavior of the danger of drunk driving if really"plot is obviously minor and the harm is not great", it should be to apply the "proviso" clause, can not be identified value function as a crime, in order to achieve the "proviso" clauses exclude crime and protecting human rights. On the crime of dangerous driving, drunk are common crime and several special situations are analyzed, think to special consideration of the drunk driving case, the determination of joint crime must adhere to the cautious attitude, keep the modesty of the criminal law.The second part:about the identification of the crime of drunk driving crime, and analyzes the scope, meaning and legal provisions of this crime. It is considered that the road should not be strictly limited, but it should be understood and grasped from the view of legislative purpose and the nature of criminal law. Recommended by the legislative or judicial interpretation of the form to further improve and perfect, a clear road to determine the standards and boundaries, in order to better punish dangerous driving behavior.The third part:the definition of the crime of drunk driving crime, the scope of the crime, and the scope of non motorized vehicles, the judicial practice of the larger than the standard electric bicycle can be identified as motor vehicle range is analyzed in detail. At the same time, according to the risk of the electric bicycle to the public safety caused by drunk driving, the measures of how to regulate the behavior of drunken driving electric vehicle are put forward.The fourth part:the crime of dangerous driving drunk driving behavior, analysis of the objective criteria for judging the drunken behavior, the conclusion should be based on the detection of blood alcohol content as the main basis for the fact that drunk driving, but not the only evidence of drunk driving. That the judicial authorities in the absence of blood alcohol content test conclusion, can be based on other evidence to identify drunk driving behavior, but to extremely cautious view. This paper analyzes the types and causes of the drunk driving behavior, and the behavior of the public security organs to avoid alcohol detection, and also to learn from some foreign countries.