Study On The Law Of Drunken Driving Crime

With the improvement of people’s material living standard in recent years,motor vehicles have become almost every necessary means of transportation.The advanced means of transportation bring convenience to our travel,but also greatly increase the frequency of traffic accidents,especially the frequent occurrence of drunk driving accidents.Our country’s judicial practice driving drunk for endangering public security crime according to drunken driving behavior is dangerous level of high and low,different subjective mentality of harmful consequences for the person convicted and punished respectively for different charges.If the actor is pure drunk driving without causing any harm,he shall be constituted in accordance with the crime of dangerous driving and shall be convicted of dangerous driving;If a person is drunk driving at a low risk and causes harm to the consequences,he shall be guilty of the crime of traffic accident,and shall be convicted of a traffic offence.The crime of endangering public security by dangerous methods,and the crime of endangering public security by dangerous methods,is a crime that endangers public safety.In addition to crack down on drunk driving,the judicial interpretation will exist secondary collisions of drunken driving accident behavior specified by endangering public security with dangerous method,but the drunk driving accident how to convict a collision of behavior is to judge the subject according to the two charges of crime constitution theory of discretion.However,due to two types of crime in the crime constitution criteria to judge risk behavior and subjective state of mind is abstract and fuzzy,similar qualities,plus two crimes of markedly different punishment,the public prosecution organs,judicial organ and defenders subject to specific cases in judicial practice,such as drunk driving behavior there are many differences of cognition,the behavior person should set the traffic offences or crime of endangering public security with dangerous method had great controversy,there are a lot of similar case in the judicial practice in different situation.Such results destroyed the predictability of China’s criminal law,have the suspicion of judicial injustice,so it is necessary to deeply explore drunken driving accident crime laws problem.In this paper,by way of analysis of real cases,according to criminal law on traffic accident crime and the crime of endangering public security with dangerous method difference in the crime constitution of regulation and theory circle to determine the dangers of drunk driving behavior and behavior person subjective attitudes held by different views of harmful consequences,for drunk driving accident crime in the theoretical disputes and problems of legal application,and puts forward some thinking and Suggestions on controversial issues in theory and in such cases have a relatively clear applicable standards,reduce practice dispute,maintain the legitimacy and fairness of criminal law.