Judicial Identification Of Drunk Driving Offense Of Dangerous Driving Crime

With the continuous development of social economy, the number of motor vehicles on the road has continued to increase, while some of the behavior of people’s driving habits, such as drunk driving, also led to the frequent occurrence of traffic accidents. In view of this, our country in 2011 promulgated the "criminal law amendment(eight)" in addition to the crime of dangerous driving, will chase the driving and drunk driving two kinds of behavior into the scope of the criminal law. This action is to respond to the social public on the current road traffic safety of people’s voice. In addition, putting drunk driving into the punishment also shows that the attitude of the our country firmly to punish the behavior of drunk driving. The method also provides a powerful legal protection to the punishment of dangerous driving, which is also in line with the spirit of the restraining criminal law. In the following 2013, the Supreme People’s court, the Supreme People’s Procuratorate and the Ministry of Public Security jointly promulgated the law on the application of a number of legal issues of drunk driving(hereinafter referred to as "opinion"), the introduction of the "opinion" is to enrich the content of the criminal law on the drunk driving, which also reflects the times of our judicial practice.There has been more than four years after putting drunk driving into the punishment. It has achieved remarkable results, the awareness of "drink or drive ", has been gradually into people’s hearts. However, with the deepening of the judicial practice, it has gradually exposed some of the areas to be improved. In addition to some controversy remains in the theory of the problem, the current practice of the controversial points including several issues. Such as whether the form of drunk driving is intent or negligence, or strict liability; whether the behavior of drunk driving should be convicted of the crime without any exceptions, and whether the article 13 in the criminal law can be applied to the drunk driving offense of dangerous driving crime; the punishment of drunk driving offense of dangerous driving crime now is only criminal detention, whether the penalty is too light, and whether the method can get the effect of expectation; at present, it doesn’t distinguish circumstances of drunk driving, but the social harm is definitely not the same for different degree of drunk, so whether it should distinguish circumstances for sentencing and so on.Taking into account the basic concept is the basis of the study of a specific crime. Therefore, this article chooses to proceed from the elaboration of some basic concepts in the criminal law, in order to carry on a thorough analysis to the drunk driving offense of dangerous driving crime.This article is composed of introduction, text and conclusion. The main text includes four parts.The first part mainly about the expounding some basic concepts in the criminal law, such as the concept of dangerous crime, after listing and briefly analyzing the three current mainstream views, the author puts forward his own views. By further dividing the dangerous crime into two types, the nature of the drunk driving offense of dangerous driving crime is considered as abstract dangerous crime.The second part of the text is mainly about analyzing the constitutive requirements of drunk driving offense of dangerous driving crime, especially the subjective and objective aspects, after the exclusion of the negligence and the strict liability, the form of drunk driving is indirect intent. After the analysis of the objective elements of the crime and the current judicial practice in the specific recognition of the existence of some of the controversial points, the author puts forward his own views.There is the comparison and combing with the "criminal law" in the second chapter, the crime of endangering public safety, the drunk driving offense of dangerous driving crime and the traffic accident crime, crime of employing dangerous means to endanger the public security in the third part. From the perspective of system, drunk driving offense of dangerous driving crime, traffic accident crime and the crime of endangering public safety have constituted the criminal law system of drunk driving at present.In the fourth part of the text, the author also think that the behavior of drunk driving should not be incriminated without any exceptions after the analysis of the existing criminal law provisions. The author also gives his opinion about conviction and sentencing for drunk driving offense of dangerous driving crime.