The Feasibility Study Of Drug Driving Into The Crime

After the 4.22 incident occurred in Jiangsu province in 2012, drug driving behavior has aroused widespread concerned in the country. Criminal law amendment(new) of 2015 put the situation of dangerous driving crime increased into four, but there is still a very high voice put drug driving behavior out of the crime. Criminal law amendment to set of dangerous driving crime has still a narrow suspicion. At the same time, it encouraged the arrogance of the person that drove after drug taking in some extent by using the approach of the administrative law to against drug driving behavior in our country. Criminal law, as the last defense line of society, should play the role of security act. Throughout the legal provision of common law countries and civil law countries, it is the first choice for many counties to take drug driving behavior as dangerous driving crime. Therefore, our country should also regulate drug driving behavior effectively according to the actual situation, put drug driving behavior as another state of dangerous driving crime and maintain road traffic safety and protect citizens’ personal and property safety by means of the criminal law.This paper mainly from the five parts to interpretation the feasibility of drug driving behavior into crime:Firstly, this part introduces the basic concept of drug driving behavior, it concludes that the concept of drug, the definition of drug taking and the connotation of drug driving behavior in order to let people have a clearer understanding of drug driving behavior.Secondly, this part introduces legal provisions of drug driving behavior in foreign countries and Chinese. It starts from summarizing the relevant provisions of our country, and then listing the special provisions of common law countries and civillaw countries on drug driving behavior and enlightening to our country.Thirdly, this part introduces defects of the current legal provisions in our country,mainly concluding two aspects: the legislative blank and the light punishmentFourthly, this part analyzes the feasibility of drug driving behavior into crime,mainly from two aspects(facts and theory) to discuss and get the conclusion that drug driving behavior into crime is feasible.Finally, this part introduces the construction of drug driving behavior into crime in our country, mainly the following parts: the determination of charge, the crime fact and the set of penalty.