The Negativism About Drunk Driving All Belonged To Crime

With the increasing number of motor vehicles on the road, combined with the high speed of the motor vehicle and the huge weight of it,a slight driving error of the driver can easily lead to accident tragedies. Therefore drunken driving hides a lot of hidden dangers, in the event of a traffic accident, the loss is extremely heavy. In order to prevent the occurrence of such crimes, the legislature made these administrative offenses as criminal offenses, hoping to deter the role of criminal law to effectively avoid the occurrence of such dangerous acts. Therefore, for the first time the drunken driving behavior had been added in dangerous driving offenses in the "Criminal Law Amendment (eight)", and in the "Criminal Law Amendment (9)" which continued to reserve it, but these two amendments did not provide for the details of conviction. The past three years, the amounts of the crime were maintained at more than 100,000, and maintained an annual increasing trend, which had evolved into a high incidence of criminal cases. The reason for this phenomenon is that the judiciary is too mechanical in its consideration of the standard of the crime, the drunk driving behavior is usually criminalized by which the driver of the vehicle blood alcohol content is greater than or equal to 80mg / 100ml as the standard to identify dangerous driving offense. There are no uniform standards for the recognition of the action, and other special cases are often neglected. That is, for this minor criminal offense, there is still the possibility of innocence, but also to grasp the standards of innocence is also very necessary.This paper discusses it in three parts by the form of special research.The first part is the necessity and possibility of the negativism about drunk driving all belonged to crime. This part mainly carries on the typed analysis to the drunk driving behavior which might be "no crime",finds out the "no crime" boundary of the drunk driving behavior. Combining with the relevant criminal law theory, the existing legal system, social status and other factors into account, the drunk driving behavior has some "no crime" cases ,the necessity and feasibility of which are demonstrated effectively.The second part is the analysis of the paths of the negativism about drunk driving all belonged to crime. This part is supported by the theory of the cause of responsibility obstruction,the theory of free behavior and Article 13 of the Criminal Law. By studying the practice of the controversial cases, comparing and summarizing, and finally summed up the "no crime" paths of the drunk driving behavior.The third part is about perfecting systems of the negativism about drunk driving. In this part, by putting forward some suggestions on legislation, judicature and jurisprudence to perfect the theory, thereby guide the judicial practice effectively.