Research On The Criminal Law Regulation Of Drunk Driving Behavior In China

Since the Criminal Law Amendment eight opened drunk driving into the punishment, there has been a high degree of heat on the subject of criminal law regulation on drunk driving behavior. The Criminal Law Amendment nine has improved the crime of dangerous driving and the legal rules for drunk driving are the same as the Criminal Law Amendment eight. At the same time, the academic discussion on drunken driving behavior has never stopped. In the field of theory, whether the drunken driving behavior should be in the crime, whether article 13 in Criminal Law can be applied to drunk driving, the subjective aspect of the drunk driving and drunken standard have aroused extensive discussion among scholars. In the field of practice, whether actual punishment or probation should be used and whether the sentencing is balanced have always puzzled the judge. Social media, academics and judicial officers are also quite concerned about the issue of drunk driving.On the basis of previous studies, this paper makes a further analysis on the problem of the criminal regulation of drunk driving behavior in China. The main body of this thesis consists of four modules:The first module gives a detailed legal analysis of the issue that whether there is an exceptional case of the crime of drunk driving. A typical case is discussed in this paper, which is used to discuss the problem that whether there is an exception to the crime of drunk driving behavior, because it is a fact that drunk driving has been written into the criminal law. At last, this paper gives the opinion of the penalty of all drunk driving. Then, the nature of the crime of drunk driving has been classified. The concepts of the behavioral offense, the potential damage offense, the concrete dangerous crime and the abstract dangerous crime have also been stated. This paper has classified the crime of drunk driving and gives a view that it belongs to the range of abstract dangerous crime.The second module analyzes the constitution of the crime of drunk driving. Objective behavior of the crime and drunken standard which is the core of the it have been analyzed. This paper advocates that both subjective method and objective method should be used to determine if a person achieves the real state of intoxication. In addition, the subjective aspect of the crime has also been discussed and this paper has made a conclusion that a drunk driver has to bear the responsibility as long as he or she has an intentional or negligent state of mind.The third module mainly tells the crime of drunk driving from related crimes. This paper compares the crime of drunk driving with related crimes from the objective behaviors and consequences in order to provide help to the accuracy of judging drunk driving behavior in judicial practice.The fourth module focuses on the criminal law regulation system about drunk driving from some developed countries to find weaknesses in our legal system. Through the analysis of the problem, this paper also gives some measures to the deficiency of legislation and judicial practice so that the criminal law regulation system about drunk driving behavior in our country will be more and more perfect.