The Law And Economics Explanation Of Drunk Driving Into The Punishment

Drunk driving into the punishment is one of the most important rule of law that guarantee citizens health life property safety measures.Investigate the root cause, on the one hand, for a long time, the drunk driving has brought the serious social harm to our country;On the other hand, accompainied by the steady and rapid development of the economic foundation of our country, the rule of law system gradually perfect,drunk for criminal law provides ample judicial resources protection.So drunk driving into the punishment is not only the demand of the public opinion, also is the rule of law is the inevitable requirement of society.This article is divided into three parts of introduction, text and epilogue which body part consists of five chapters.The part of the first chapter firstly introduces the worldwide status of legislation to drunk driving, the effective rules and regulations in China provides a reference value for drunk driving.Secondly, expatiates the rules and regulations adopted by the change of the legal basis course, drunken driving drunk shows that since 2011 our country governance have taken place in the basic principles of essential change.The second part introduces the current drunken driving in China, the number of drunken driving down, in fact, supporting the effectiveness of the drunk driving into the punishment.The content of the second chapter mainly answered "why criminal law drunk driving is a valid" this problem.In economics, the law because of its high cost of punishment to known as the "rules" in advance, is to prevent crime frontloading rules.Once there will be no traffic accidents in China or just drunk driving behavior to a minor traffic accident "road safety" main jurisdiction, although it also rules in advance, but it turns out that does not have the good effect of stop drunken driving.Therefore, drunk driving into the punishment is to use before the property rules and liability rules to curb drunken driving an improvement.The third chapter is a crime and penalty method is used to economic theory to the connotation of the crime of dangerous driving drunk driving type.Drunk driving into the punishment means drunken driving behavior unless significant mild or illegal deterrent by, or you will set up the crime.Convicted drunk once in thecircumstances of the crime, it has the characteristics of the general crime in law and economics, its maintain deterrence, punishment, and balanced mitigation Settings, is worth making consideration between the costs and benefits.The fourth chapter and the fifth chapter respectively introduces criminal law regulation problems of drunk driving, and the ways to solve these problems.First of all, the high cost of public is not allow to neglect, in addition, the criminal law inherent rigour makes processing a variety of drunk driving, its flexibility by a certain degree.So for drunken driving behavior regulation legislation status, or to deal with drunk driving behavior of the means of law enforcement, needs to be further perfected.