Study On The Identified Of The Crime Of Drunk-dangerous Driving

In recent years, our country has always insisted this "strict control" attitude on drunk driving. Police Department seizes a large number of drunken driving cases, and protects the safety of citizens effectively. Practice has exposed the problems existing in the process of law enforcement. The discussions heat continued about the identified of the crime of drunk-dangerous driving. December 18,2013, the Supreme People’s Court and the Supreme People’s Procuratorate, Ministry of public security jointly issued the opinion on issues of applicable law which handling of criminal cases of drunk driving a motor vehicle. But some of the reasonableness of the provisions are still debatable.Drunk driving dangerous driving is abstraction dangerous criminals.It includes abstract d angerous offence and specific dangerous criminals. It does not belong to a form of results guilty, and should be evaluated as a separate type of crime. Dangerous crime should not be simply equated with risk of actual harm in the end result, there is a substantial difference.For The crime of drunk-dangerous driving of sin form, has scholars proposed has "intends business of indirect deliberately" of concept, it through presumption of form improve has legal on national of requirements, aggravated has national of dangerous foreseen obligations and dangerous avoided obligations, better of achieved has legislation who of legislation intent, author on this species views holding certainly attitude, think this sin of sin form is indirect deliberately.How to understand the "drunken" and "driving", are discussed in detail in this paper. We usually think "drunk" behavior can be divided into physiological and pathological drunkenness of drunkenness. Rational drunk is relatively simple, and relatively more complex research questions of pathological intoxication. We have never met in real life, because cases of pathological intoxication were investigated and dealt with, but with the increasing cases of drunk driving, this situation is not possible, studies of pathological cases of drunkenness is very necessary. Understanding driving behavior, in my opinion, should start the engine as part of its "hands" logo, but in some special cases, our driving behaviors "proceeds" can not be generalized, to achieve concrete analysis of concrete problems.Process of identification of dangerous driving drunk there’s a controversial issue, how it is that we should be crime to identify. This article focuses on The crime of drunk-dangerous driving an accomplice to the crime issue and discuss the problem whether the unaccomplished. In my opinion, this form of attempted crime is present, while an accomplice found that does not generalize, shall be in a combination of theory and practical attitude, that is able to carry out this crime, "severely punish" attitude, and not too widely spread, causing criminal abuse.In practice, we often crime of drunk driving would be dangerous driving and traffic crimes and crimes endangering public security by dangerous means confused, largely because they are interrelated and infiltrate, we found that they cannot be separated, should not be confused. As justice agencies identify the crime of drunk driving dangerously on the premise, in dealing with this crime and there are a lot of uncertainties in the process of investigation and evidence collection problems, solutions to these problems, the author described in the text, in order to find a more reasonable way to ensure the fairness and reasonableness of this crime.