Study On Listing The Drug-Driving Into Criminal Law

As drugs are spread everywhere in today's society, the number of drug addicts ascends year after year and drug-driving is common occurrence. Drug-driving not only poses serious threat to traffic of our nation, but also does great harm to our nation, society and individual life and property. In terms of the frequent drug-driving accidents, the regulations of Criminal Laws, however, the regulation of the criminal law for drug-driving is far from enough. Indeed, listing the drug-driving into Criminal Law is technically difficult. But since legal interest is seriously infringed, Criminal Law is supposed to respond positively instead of keeping silent and tolerating crimes.In this paper, some problems will be discussed in the process of listing the drug-driving into criminal law and at the meantime I will set forth my own ideas with hope for providing some helpful reference to listing the drug-driving into Criminal Law in China.This article includes four parts. The first chapter involves the current situation of drug-driving and the reasons for rampant drug-driving. This part starts with the definition of drug-driving behavior and then takes advantage of a set of statistical data and drug-driving cases to show the development trend of drug-driving to analysis of the causes of rampant drug-driving so that we can have a preliminary understanding about the situation of drug-driving in our country.The second chapter discusses two legal system's drug-driving legislation and its inspiration to China's mainland. In this part mainly discusses drug-driving legislation of major countries?regions? in Anglo American law system and continental law system and China's Hong Kong and Taiwan to enlightenment of our country.The third chapter demonstrates the legitimacy of listing the drug-driving into criminal law from four aspects: the purposes of Criminal Law, the principles of Criminal Law, “three commons” and criminal policy and public opinion, which is to fully illustrate the sufficient legitimacy of listing the drug-driving into Criminal Law.The fourth chapter focuses on its identification and legislation, mainly covering identification of subject, identification procedures, the disputes during identification and respond to controversial, legislative model of listing the drug-driving into Criminal Law. and proposed suggestions about charges and conception on statutorypenalty allocation.