Research On Legal Issues Related To Alcohol Driving

With the rapic development of economy in China, there is a drastic growth in the number of motor vehicles. With the great convenience it brings to the society, it also causes great problems. Cases of driving under the influence are frequently seen in media coverage. Every investigation of DUI, which the writer has ever enforced, has been verified. Compared to former DUI cases, law enforcement officials are understaffed. The number of reoccurence drunk driving cases is on the rise, including driving without lisence or recoccurence drunk driving when lisence is held due to previous DUI. Under the current law in China, light penalt or even no penalty on DUI causes frequent occurrence of drunk driving and high number of traffic accidents, which severely damage the authority of law and judicial credibility. Focusing on the problems stated above, this thesis categorizes DUI cases and identifies the causes. The writer uses data from public security beauras in China and actual cases the writer has investigated to find the root of the DUI problem, reference successful DUI policies abroad and make legal countermeasures and suggesions.This thesis consists of four parts. The first part is introduction, which states the background and significance of studying DUI, the status in quo, the existing ideas and the studying methodology. In the second part, the writer analyzes the nature, menifestation and damage of DUI, including the definition, category and characteristics, which is combined with cases abroad, analysis on the cause and the consequence. The third part states the legal relationship and consequence as well as detailed legal analysis on the legal relationship in DUI, including traffic participants, traffic order and the involved parties'right and obligation. In the final part, addressing the problems caused by DUI, the writer provides legal countermeansures and suggestion to improve legislation, unify judiciary and strengthen law enforcement.