On Perfecting Legislation Of Dangerous Driving Crime

Drunk driving behavior has been included in the scope of criminal law adjustment has been more than 5years, the judicial practice has produced a large number of judicial cases. Although by means of criminal law, especially the penalty means to regulate the drunk driving behavior has made obvious effect, extent, curb the occurrence of major malignant traffic accident, but the theoretical circle of the criminal law on the existing drunk driving crime constitution and sentencing and criminal punishment there are different views; practice the role of alcohol in the penalty discretion, slight damage effect of sentencing, sentencing standards grasp also has different understanding, these factors will inevitably affect the criminal regulation of drunk driving behavior of the actual effect. In order to find the problem of drunk driving crime, and find the corresponding countermeasures, need to comprehensive analysis from the theory and practice of criminal law.This paper is divided into four parts.In the first part is for dangerous driving sin "drunken driving" basic elements were analyzed, and according to the current academic debate and practical departments of the actual cases, "drunken driving" mainly includes four aspects: the constituents of the elements: alcohol content, path, motor vehicles and the identification of nature of drunk driving behavior. The first three objective factors directly determine whether drunken driving behavior constitutes a crime, the influence of the weight of the crimes and punishment; After a behavior factor is understanding the connotation of drunk driving behavior and grasp the essence of the crime.The second part is on the analysis of the domestic 100 copies of drunk driving judicial decisions based on summarize the referee two elements and punishment. The first is drunk driving behavior of human blood alcohol content and detention penalty, fine penalty between relations; minor damage and criminal detention. Through the relationship between the two elements and the penalty, we try to find out the current problems in the crime of drunk driving in our country.The third part is to reflect on the existing drunk driving crime, and then use the theory of criminal law to find the cause of the problems in the judicial judgment. Mainly from drunk driving crime penalty set to that of retribution and objective punishment selection problem; recidivism, recidivism establishment; establish the fine punishment the rationality of; probation application problems, etc.The fourth part is the suggestions on the perfection of criminal legislation and judicature. In the aspect of legislation, it is recommended a drunk driving crime set up an independent clause and detention penalty to imprisonment, fines and a system for the selection of; in the administration of justice, it is recommended to develop uniform standards for the implementation of is the most outstanding problem, which includes effects of alcohol content of punishment, probation extended, slight damage and punishment. In the process of execution of punishment, should be separated from the criminal detention and other areas of freedom penalty.