Research On The Special Problems Of Dangerous Driving Crime Of Drunken Driving Type

To stop drunk driving motor vehicle led to high rates of crime,reduce drunk driving behavior evolution method for traffic accident and even more serious danger endangering public security and other crimes,in 2011,the National People's Congress in the punishment eight amendment as one of article one hundred and thirty-three of the criminal law,will be drunk driving motor vehicle behavior in criminal law.Currently,drunk as a dangerous driving crime punishment for five years,but because of the highest laws have not yet introduced the relevant type drunk crime of dangerous driving into the standard and related question reply,makes the law,academia and the general public for drunk driving behavior and the view of some of the traffic accident caused by huge differences,even in different regions,different connection with the given phenomena also exist greatly.The root causes of this conflict is mainly lies in the fact that three commercial &examination &legal departments in dealing with cases in the view of inconsistencies,judicial organ of related legal problems in the process of trial,the parties can not convincing.As the \ "drunken driving\" dangerous driving sin case number of rising year by year,around the judicial authorities are seeking a unified the referee strategy at the same time,the judicial organ to center the referee,to two or more things and balance the rights and interests of the authority of the law and drunk people,judge the results to the public,as a reference warning the public,is the key to the future judicial work.This article begins with \ "drunken driving\" for dangerous driving crime punishment of history background as a breakthrough point,combined with \ "drunken driving\" for dangerous driving crime legislation process,and after the implementation of the effect of legislation,through three representative typical cases,lists the main dispute focus of each case,and then,taking the analysis of focal point,combining the practice of our existing legal system and outside,to discuss how to solve the drunk \ "driving\" dangerous driving crime in the practical problems encountered in the trial practice.