The Connection Between Administrative Responsibility And The Criminal Responsibility Of Drunk Driving

"Criminal Law Amendment (8)" effected, increasing the crime of dangerous driving.Drunk drivers will drunk driving behavior for himself at the cost of "crime and punishment", the new revised law on road traffic safety to drinking drive a motor vehicle, such as drunk driving motor vehicle violation rules on the administrative penalties more severe, can say the law level, administrative responsibility and criminal responsibility of drunken driving has a good convergence process. But, in practice, the administrative penalties of drunk driving and a criminal case are not synchronized, it can be found in court for drunken driving the phenomenon of "connection with different punishment", therefore, this article for drunk driving in our country administrative responsibility and criminal responsibility of problems in practice, Suggestions to consummate the drunken driving cohesive mechanism of administrative responsibility and criminal responsibility."Criminal law Amendment (8)" provisions, for on road traffic of drunk driving a motor vehicle act detention and shall also be fined. If the behavior constitute other crimes from a heavy fault. This legislation has ended the long time since our country has no section on the behavior of the drunk driving behavior, which means the drunk driving behavior has been completely incorporated into the criminal law evaluation. For better and "Criminal law Amendment (8)" cohesion, the Standing Committee of the National People’s Congress on the "road traffic safety law" to make amendments to the relevant, accordingly increased for drunken driving behavior in administrative law punishment. Therefore, this article in our wine driving administrative responsibility and criminal responsibility exist in practice convergence problems and puts forward improvement of drunk driving convergence mechanism of administrative responsibility and criminal responsibility.This paper is divided into five parts altogether:The first part:mainly for drunk driving in China cohesive mechanism of administrative responsibility and criminal responsibility is expounded, including the administrative liability of drunk driving and drunk driving problems of criminal responsibility and the connection between them. The second part:discussing the drunken driving the historical evolution of administrative analysis and criminal analysis.The third part:to compare the foreign related regulations on drunk driving legislation, analyze the similarities and differences, and find out the general law, to perfect our drunken driving some enlightenment to cohesion on the administrative responsibility and criminal responsibility.The fourth part:on the actual traffic management, the author, by analyzing typical cases form the drunken driving cohesion on the problems existing in the administrative responsibility and criminal responsibility.The fifth part:combining with the public security organs to deal with the actual situation of drunken driving the administrative and criminal cases and problems found in the work, for drunken driving administrative responsibility and criminal responsibility of the cohesion of our country put forward Suggestions to improve it.