Drunk Drive Of Dangerous Driving Crime Research

Since the 21 st century, especially after 2010,one of the most important positive result of our economy high speed development is the per capita car ownership growth rapidly. The car as one of the most popular transportation, one side we enjoyed the convenience it brings, the other side we concerned about serious harm of the society and the public life, health and public safety caused by motorcycle racing, drunk driving and other dangerous driving behavior. In public opinion, drunk driving into the punishment gradually rising, lawmakers also realized adjusting the drunken driving behavior by criminal means is very necessary, so they made amendment in time, chasing dangerous driving and drunk driving behavior into criminal law. But after drunk driving into the punishment, in the theoretical circle and judicial practice, the debate and discussion about conviction and sentencing of drunken driving type of crime of dangerous driving has never stopped.This paper analyzes the elements of the crime of drunk driving, and makes a detailed analysis of "the drunk", "the road", "the driving", "the motor vehicle" and so on. Then according to selected 69 cases of drunk driving sample in Hebei Province carefully, through the summary, the judicial authorities of the conviction and sentencing of the comb.There are differences among drunken drive, traffic offences and offences endanger public security. But drunk driving, traffic offence and endanger public security form a well connected system to publish driving under the influence of alcohol. According to general concept in the criminal pattern as abstract potential damage offence of drunk driving of dangerous driving crime to stop form does not exis. The accomplice of drunk driving of dangerous driving crime form characterized by practical behavioral offender, indirect help offender and instigator.The changes associated with drunk drive into the punishment actually pose challenges to criminal theory in China. Penalize drunk drive lowers the levels of criminal regulations, in turn, forcing us to make adjustment to China's penal system. This paper through the analysis of different theories of expert summary on our country present "drunk drive included in the criminal law" since that existing problems were discussed, but please correct me for my little talent, less learning ability and flawed point.