Research On Administrative Laws And Regulations In Terms Of Drinking Drive Behaviors

After the implement of open up and reform policy and the set-up of socialized market economy,the rapid development of Chinese economy impressed the world and also satisfied citizens’ substantial requirements.In the aspect of transportation,the number of private cars rises with traffic accident rate.According to the investigation report of World Health Organization(WHO)in 2015,nearly 60%of the worldwide traffic accidents were caused by drinking drive behavior.This result reflects that people are in unprecedented risky environment while enjoying the convenience and comfort in modern society life,and the high frequency and perniciousness of traffic accidents caused by drunk driving are very shocking.Along with the rapid development of automobile industry,China has entered a new"automobile age".Yet what cannot be neglected is that,as a big country in car ownership,the death rates of traffic accidents in China has been on the top of the world continuously.Since the implementation of The 8th Criminal Law Amendment,China’s Road Traffic Safety Law has been revised accordingly.This is a further improvement of the delimitation of drinking drive behaviors on the legal level,and the actors of drinking drive behavior will pay the cost of Crime and Punishment.But due to the "roughness" of the laws,the phenomenon of law violators rejecting drunk and driving tests,abandoning vehicles and escape,and violent resisting against law frequently occur and it directly threatens the safety of police and other people.Hence,how to practically enhance the functions of orientation and guide of laws,making improvements in the fields of related laws,become an urgent need of social development.This paper combines theoretical analysis with practices.Based on the theories of Administrative Law,the author analyzed domestic and foreign measures of punishment against drinking drive behavior in order to figure out the problems when authorities investigate drinking drive cases.And then give suggestions based on case study and analysis.This paper is presented in following parts:first of all,it analyzes the concept of drinking drive behavior;Then in the second part,the paper states the historical evolution of the administrative laws and regulations of China in the field of drinking drive;In part three,the paper analyses and compares the representative foreign countries’ legislative spirit and current situation in aspect of drinking drive to China’;In part four,combined with the reality of China’s traffic management work,it discusses the existing issues of administrative laws and regulations of China in the field of drinking drive by analyzing typical cases;In part five,combined with the current situation of police dealing with drinking drive cases and issues found in the work,this paper promotes some suggestions to improve China’s administrative laws and regulations of drinking drive.