Discussion Drunk Type Dangerous Driving Offenses Related Issues

In recent years with the rapid development of China’s economy, the private car has become the main means of transport people to travel on weekdays, but the same can not be ignored because of traffic accidents caused by improper driving a motor vehicle is also increasing year by year, especially due to drunken driving caused major public accidents, triggered a heated discussion and focus on the community of all walks of life. Based on this, the existing criminal law by way of amendment to the first type of dangerous driving offenses to be drunk conviction and sentencing for frequent drunken driving behavior, however drunken type of dangerous driving crime incrimination has been nearly five years, from the beginning of the establishment of the offense, how to properly understanding and proper application of this new charges in the theorists and practitioners argue, today. Penal provisions drunken type of dangerous driving sin is straightforward and simple, but the social life is complex, this article attempts to Article 133 of the existing criminal law provisions on the crime of dangerous driving drunk type as the basis for drunkenness type specific crime of dangerous driving applicable, based on the issues related to the crime of dangerous driving drunk type dialectical analysis and thinking, hoping to solve the problem of drunk driving current judicial practice of humble heart.Text is divided into three chapters, the first chapter the author introduces the social background of the crime of dangerous driving drunk type incriminate the current status of legislation, from the economic, cultural and legal discusses the necessity of drunk driving into the penalty; the second chapter the author analyzes the subjective aspect of drunken type of dangerous driving sin, for the moment on drunken-type crime of dangerous driving subjective sin is intentional or the theory of negligence disputes made their views;followed by drunk driving if all incriminate the public focus of controversy were analyzed and discussed; the third chapter the author of the crime of dangerous driving drunk type, endangering public safety links and differences between the crime and traffic accident crime among these were consolidated, which together make up the three charges related to the existing criminal law Regulation drunken driving conviction and sentencing system behavior.