Reproductive Rights Of The Condemned Prisoner

In the growing popularity of motor vehicles today.drug driving also becomes a common behavior,drug driving is very dangerous to public safety,can easily lead to serious traffic accidents.But according to the current law,drug driver can be subject to criminal penalties only in causing casualties.otherwise,only be considered traffic violations.Such a system arrangement have its obvious legal loopholes.It is that it can not punish the driver who did not cause damage.In view of this,it is necessary to consider the problem-drug driving should present in the criminal code.Pushing drug driving into the criminal code has its necessity and feasibility.Its necessity include:drug driving have serious social harmfulness,the need of our legal practice,the public’s demands,in line with China’s criminal policy,the existing legal regulation to the drug driving behavior have problem;Its feasibility include:match the tolerant rule of criminal law,have relevant foreign legislation,have domestic and foreign technology for use.Therefore,enable the drug driving behavior into the scope of the adjustment of criminal law have its certain basis.Of course,the study of drug driving behavior can not only stay in the theoretical level,but should be a specific system design,combined with the specific circumstances of our country.It is recommended that let the drug driving into the dangerous driving crime just behind the drunk driving.About the allocation of statutory punishment,we should pay attention to the principles of human nature,the principle of balance between the crime and punishment,the principle of clarity and so on.Put the sentence of imprisonment and another main punishment into the dangerous driving offense,so that forming a more rigorous criminal network.In order to punish the crime of drug traffickers better and adapt the crime and punishment at the same time.The analysis does not need to increase the "seriousness" of the formulation of the specific article,but it should also be limited by the "proviso" in article 13 of the Criminal Code when dealing with such cases.Taking “zero tolerance”forward to the drug driving behavior.Analysis of drug trafficking into the composition of the elements of the sentence:The objective of the crime is that the driver is still driving the motor vehicle after taking the drug in the state of his own incapacity or limited liability.And the composition of the crime does not require the perpetrators of the actual damage.The age of 16 years of age normal natural person can become the subject of this crime.The subjective aspect of the crime is intentional.Having the driving behavior,and at the same time constitute other crimes,according to the specific circumstances to determine the crime of traffic accident or the crime the dangerous way to endanger the public safety.In addition,we should pay attention to the operation of the crime and the crime of light considerations and the convergence of administrative penalties and other issues.