Research On Relevant Legal Problems Of Drug Driving Incriminate

August 29,2015, "Criminal Law Amendment (9)" adopted on the basis of "Criminal Law Amendment (8)", make perfect to the crime of dangerous driving offenses. It makes overloading, speeding and illegal transport into criminal law. Previously, drug driving has high voice, but it still failed to incriminate.In recent years, cases occur when drug driving behavior cause heavy casualties and property losses. But our country for drug driving behavior regulation only administrative means, does not have sufficient deterrent, it is difficult to curb further increases drug driving behavior. Therefore, the drug driving made offenses urgency. Discussion on the theory of criminal law, drug driving behavior is dangerous crime, with serious social harm, which provides a theoretical basis to incriminate for drug driving behavior. In addition, before the "Criminal Law Amendment (h)" issued, there is a requirement of drug driving into the penalty calls. In the just concluded "two sessions", there are also representatives called for the implementation of drug-related driving into the sentence as soon as possible, therefore. Drug driving into the penalty but also has a strong popular base. Drug driving into the penalty, not only a right time sound and Improvement of transport system of criminal law, but also on the public road traffic safety, to further safeguard the lives and property of the people.Based on this, this paper attempts to analyze the legal line pipe from the following aspects of drug driving into the penalty.Through the current situation of drug driving behavior introduced elaborate drug driving behavior of serious social harm, and analysis of the current administrative regulations and the relevant criminal law for drug driving behavior regulation, it points out the shortcomings of current legislation to clarify drug driving into the penalty urgency and necessity. Secondly, on the basis of criminal law theory driving into the penalty toxicity in-depth discussion and research, by analyzing the characteristics of drug driving behavior itself, to prove the drug driving into the penalty rationality and feasibility. This part of the theory from the dangerous crime, and crime on the theory of criminal liability were discussed, driving into the penalty toxicity demonstrated the feasibility of the theory. At the same time, will draw on the experience of extraterritorial excellent summary, combined with drug driving into the penalty of criminal law theory, legislative and judicial advice of drug driving into the penalty, the proposed amendments to the criminal law approach, set up a separate drug driving offense and relevant judicial practice reference recommendations.