Poison Driving Into The Punishment Law Studies

In recent years,the global drug is still in the diffusion period,the influx of new drugs to drug multi-source,resulting in low drug prices,coupled with the level of China's national income level,so that China's drug addicts also increased.Drug abuse in the country,so that the work of China's drug control has become more severe.The improvement of people's living standards,the increase in private car ownership,but also to drug driving behavior has become a social focus of another concern.The most important reason is that traffic accidents caused by drug drivers has become a common occurrence.In the past three years,1562 people have been killed by traffic accidents in China.This has already caused serious harm to the safety of our society and citizens.Based on this,the media representatives and the legal experts and scholars have proposed to be drug driving behavior into the criminal law,to give drug drivers the most powerful legal sanctions.In the Criminal Law Amendment(9),which was adopted in 2015,the proposal was still not adopted.The reason is that some people think that in our current legal practice,for the "drug drive" there is difficult to detect,difficult to detect the problem."Drug drive" is different from the "drunk driving",it has no obvious external features,it is difficult to judge whether the driver through the sensory drive toxism behavior.The author believes that these difficult factors should not be the reason for the influx of drugs into the driving force.Traffic accidents caused by drug drivers increase year by year,the harm is greater than drunk driving,should be from the existing saliva detection technology,revocation of driver's license and other aspects of a breakthrough.The following article will be from the five parts of the drug into the criminal drive to explore.The first part is mainly from the concept of drug drive behavior characteristics,the existence of controversy and other issues to clarify the objective factors and can not be hindered its entry into the grounds.In the second part,from the current situation of poisonous driving behavior in China,the adverse consequences such as traffic accidents,whether the technical means can be timely and effectively monitored,and the legal basis of our country at this stage to emphasize the necessity of drug trafficking.In the third part,the author explains the reasons for the criminal punishment from the three aspects of the harmfulness of the poisonous driving behavior,the punishability and the effectiveness of the crime prevention.The fourth part summarizes and summarizes the relevant legislation of some countries outside the country,summarizes the experience and draws lessons from the legislative precedents in the extraterritorial area,and finds out the good reference to the drug-driving criminals in our country.In the fifth part,the author analyzes the management of driving license of drug addicts and the conviction and sentencing of poisonous driving behavior.