The Analysis Of The Crime About Drink-driving

On May 1,2011,the Criminal Law Amendment(Eighth)took effect and drunk driving motor vehicle had been taken in the scope of criminal law.It has been five years since "drunk driving into the punishment",the law-enforcing departments of our country tried to match each other,to keep a long-term mechanism of drunk driving management,ensure the effective implementation of the law,and has played a positive role in building a good traffic environment.But also there were some problems exposed,including law enforcement procedure is not standard,the applicable law is not accurate,etc.Against this background,this paper sum up the questions since "drunk driving into the punishment" for five years,and the application of law which we should pay attention to,in order to have a better grasp to the criminal law regulation about the drunken driving.The first part of this article is the outline,first in this part,the author analyzed the history of legislation about the "drunk driving into the punishment",including the old law application before the Criminal Law Amendment(Eighth)and the legal basis of"drunk driving into the punishment".Secondly,the author summarizes the current legislation system about drunk driving behavior,including administrative punishment and criminal punishment in parallel,the crime of dangerous driving and commit traffic offence in parallel.Finally,it is about the law enforcement present situation of drunken driving behavior.In the second part,the author analyses the condition that drunk drivers constitute the crime of dangerous driving,aims to discuss the components of the crime of dangerous driving,standards and sentencing plot,to have a more clear and deep understanding for the dangerous driving crime.The standard for drunk driving motor vehicle into sin is discussed from the "whether abstract danger exists" to "the influence of alcohol content test results".Sentencing plot of dangerous driving crime included the plot of lighter or heavier punishment,and the plot of mitigated punishment and probation applies in the crime of dangerous driving.In the third part,the author discussed the similarities and differences between the crime of dangerous driving and traffic offences.Similarities between the two crimes include the subject and object of crime,and both of these can be applied probation.The differences include the subjective aspect and objective aspect,standards,and different sentencing plot.And the author discussed the conversion between crime of dangerous driving and traffic offences.The last part is some suggestions about how to carefully grasp the criminal law for the drunken driving behavior,including measure alcohol content legally,be careful to the standard and sentencing plot,pay attention to coordination for administrative and criminal compulsory measures,make provision for expatriates drunk driving,and prevent the abuse of public power.