Research On Criminal Law Issues Related To "drug Driving" Behavior

In recent years,with the extensive coverage of the press,"drug driving" gradually stepping into the people's sight."drug driving",a serious threat to the people's lives and property,raising endless stream of accidents,has aroused great concern.April 22,2012,Jiangsu Province,a large drug driving motor vehicle accident,enormously attracted people's attention.The investigation by the related government,because of the driver's drug driving and fatigue driving,this incident has resulted in 14 deaths,19 different degrees of injury.For this issue,the public and security department spare every effort to avoid this problem,and take "zero tolerance" attitude towards "drug driving" to ensure the public safety.At present,it's convicted as traffic crime when the“ drug driving ” cause seriously traffic accident.In accordance with the 2000 Supreme Court on the judicial interpretation of traffic accidents,for the accident caused the "drug drive" behavior,in accordance with the crime of traffic accident.When the “drug driving” does not cause traffic accident,the perpetrators can not be punished by criminal law,but be penalized by administrative regulation.The punishment is not matched what they did,so the “drug driving” thing occurs frequently.It damage the personal right and property right of public.If the “drug driving” issue is going to be absorbed by criminal law,it will be better to the protection of public personal right and property right.This paper will focus on the specificity of the issue and the controversial points of the "drug driving".The drug driving issue which causes accident should be supplemented to the provisions of the criminal law.So “drug driving” should be part of criminal law,even if it didn't cause heavy traffic accident.This paper is divided into the following three parts:First of all,through four related cases,it introduces a brief introduction to the harm of "drug driving",to analyze its solutions and controversy.Secondly,it summarizes the concept and current situation of the "drug driving" problem,and introduces the current situation of the legislation on "drug driving" in our country,and analyzes the deficiency of the existing laws and regulations on the related issues.Secondly,this paper summarizes the concept and current situation of "drug driving",and introduces the currentsituation of the legislation of "drug driving" in our country,and analyzes the deficiencies of the existing laws and regulations on the related issues.Then,based on social focus and the academic controversy of drug driving issue with some existing crimes between research,the paper analyses the problems of jurisprudence drug driving behavior is facing in the complex situation.Finally,on the basis of the jurisprudence of drug driving behavior,referring to other legislative experience,referring to legislative logic of "drunk driving" problem,The drug driving issue which causes accident should be supplemented to the provisions of the criminal law.drug driving does not cause the accident should be included in the criminal law amendment of legislation as one type of the crime of dangerous driving.For solving the problems mentioned above,the author puts forward some opinions.