The Research Of Criminal Law Regulation Of Drug Driving Behavior

Almost every day we can see a series of traffic accidents in news reports,and some are happened around us.now the road traffic safety is under unprecedented pressure.malignant accident caused by some dangerous driving behavior such as drunk driving and drug driving.drug driving,as a new road killer after drunk driving,seems to be more severe than drunk driving.It is known than the drug is illegal in our country and driving is very dangerous,need drivers concentration.One statistic made America showed that in 16%of dangerous driving criminal behavior is smoking drugs.Drug driving has became a very hot and thorny issue in our country.The drug driving,generally speaking is that the drivers under the condition of smoking drugs is not suitable for driving,still driving.and put the drug driving into the punishment means put this behavior into the criminal law.this text mainly discuss the should or shouldn't put the drug driving into the criminal law,and all the contents of this text is divided into five parts:The first part:the overview of the drug driving.Through the analysis of the elements of the drug driving,determine the concept of drug driving.The second part:the theory controversy on drug driving.this part summarizes the “definitely”and“negative”two views.Then the author expounds her own view and discuss the standard of drug driving.Although faces some difficulties about putting the drug driving into the criminal law,the drug driving should be into criminal law from the analysis of the necessity and feasibility.The third part:The legal application about drug driving.this chapter through the analysis of three typical cases,concluded the law is unable to meet the needs.The forth part:the criminal legislation on drug driving in other countries.in this chapter,author mainly list other countries' rules and the common characteristic of the summary for your reference.The fifth part:how to construct the criminal legislation.Finally,the author concluded that the drugs and the medicine should use the different standards and set up a new charge:drug driving offenses,each element of this new crime is expounded in detail.