The Legal Regulations Of The Poison Driving Behavior

Since China's reform and opening up, with the sustained and rapid development of economy in our country, the national per capita disposable wealth increases, and cars have become the main traveling tools in our country. The number of people who have cars are increasing quickly. According to the latest statistics of the relevant departments of China's motor vehicle, the amount of cars has been up to 160 million vehicles. Huge car ownership will increase the occurrence of traffic accidents, so how to make effective regulations by law so as to reduce the incidence of traffic accidents becomes the focus of legal scholars attention and debate.With drunk driving going into the criminal law, traffic accident cases appeared a downward trend. some scholars began calling for the new type of dangerous driving behavior of drug driving being included in the category of criminal law and regulations as soon as possible. Together with nanjing BMW case, media and the public began to suspect that the suspect was poison driving, Although it was appraised by the public security authorities after the car white powder for starch and there is no poison driving, calls for poison driving into the punishment as the buildup of public opinion has become a social hot spot. But, I can not help asking, has poisonous driving behavior really reached the point where they must be into sin? This paper argues that bringing poisonous driving into sin is clearly wrong, and it hasn't been qualified to be a sin.The author thinks that poison driving behavior, should not only refers to using the meth, driving a motor vehicle behavior after traditional drugs such as marijuana, but also can produce and the spirit of the same effect of drug and narcotic drugs. This makes it difficult to identify the driving behavior, and it needs high technology to identify the conditions and rich experience, which undoubtedly increased the difficulty of investigating and punishment of driving.On drug driving behavior into sin, supporters believe that the risks of drug driving are higher than drinking driving behavior. under the circumstances that drunk driving has been into the punishment, in order to effectively reduce the incidence of traffic accidents, we should also bring poison driving behavior into sin. And poison driving behavior has brought huge harm and risk to the society, which is also harmful to the law. It has become a general sense that drug driving should be brougt into sin.And scholars from German put forward that in the current risk society, in order to guard against social risks, the protection of the criminal law shall be migrated. To be exact, we should increase the penalties to a dangerous place, and poison driving as a kind of abstract danger shall be immediately to the into sin to ensure the integrity and timely adjusting range of the criminal law.But, the author thinks that, compared to drunk driving, drug driving has its own particularity, so we cannot simply compare the two equally. In the harm to the society and public opinion, we can't reflect individual serious social harm to the public through a simple list of typical cases over the past few years. Otherwise, driving with mobile phones, speeding and running red lights and other bad driving behavior should be into sin more urgently, because they caused more traffic accident cases than drug driving. Moreover,nowadays, with increasingly developed network media, every social individual can become the media. Under such circumstances, public opinion is not so true and casual. we can see them as behavior into sin a factor, but it should not be the main factors and even the deciding factor.In addition, for the risk of the criminal law theory, the author thinks that we should not carry on the simple understanding of literal, and think risk society is a society full of risks, we should try to find the accurate understanding of the author through the literal meaning. in this paper the theory really express what is wanted. since this will make the social risk of there is a huge risk of criminal law. The most important thing is that the author believes that China's current administrative law and criminal law have poison in driving behavior caused great social real harm before and after, respectively, the specific and effective rules and regulations, does not exist in the absence of the criminal law, and poison caused by dangerous driving behavior and real harm in social sustainable limits.Therefore, this paper argues that existing in our country law has to regulation under the premise of poison driving would be flimsy claim into sin, it is not only and we have stressed the austerity of criminal law, also is in the wrong with risk of criminal law theory to guide the criminal legislation in China. Facing the drug problem, the main problems we are facing is not the lack of criminal legislation, but effects of the existing law. we only need to repair its disadvantages and enrich the law enforcement resources,thus achieving good social effect. If we talk about criminal law means casually, it is bound to infringe on other department law effectiveness of space and increase the expansion of the circle of punishment, leading to the "excessive" criminal law of the social governance system in our country, the criminal law from the department of normal method of evolution for the social governance, the situation did not conform to our country has always emphasized the rule of law, which also makes the society under a very dangerous state.The first part of this paper mainly discusses the definition of drugs and the dangers of this behavior. The second part mainly introduces the argument about whether drug driving behavior should be brought into sin. The third part is about my point of view, namely, driving into the sin negativism and explains the reasons. The fourth part is to analysis drug driving behavior : in the current administrative law, criminal law into full play has been on the basis of relevant regulation to fine-tune its shortcomings, but to severe drug, drug trafficking and other crimes, source of China's drug control work of propaganda, reducing the occurrence of drug driving behavior from the source, stressing that even if they don't use the criminal law we can timely and effectively propaganda legal regulation on drug driving.