The Promotion Of Drug Driving In Criminal Law

As China's national economic level continues to improve,the country's car ownership has increased year in,the number of vehicle traffic violations have increased.To curb the increasing traffic violations,China first joined the crime of dangerous driving in the 2011 amendment of the Criminal law,and in the Criminal Law Amendment(VIII)and(IX),dangerous driving behaviors,such as drunken driving,speeding,overweight overloading,illegal transportation of dangerous chemicals,were incorporated into the criminal law system,But the only drug driving this dangerous consequences of serious behavior is also outside the criminal law,not only detrimental to the protection of road traffic safety,but also contrary to vigorously combat drug crimes and criminal activities of the large environment.To incorporate poison driving into penal regulations,first,it is necessary to define the concept of poison driving,that is,to drive a motor vehicle on the road under the influence of a state-prohibited drug,and to demonstrate the harmfulness of the poison driving behavior through specific cases.Secondly,the author analyzes the opinions of the scholars on the punishment of poisonous driving,and comments on the opinions of agreeing and opposing the punishment respectively.Thirdly,the analysis of the necessity and feasibility of the punishment shows that the political correctness of the drug-driving penalty,the legislative technology is feasible,and the legislation time is appropriate.Finally,the author sums up the experience of drug driving legislation in the two legal systems,which indicates that poison driving is a common practice in the world.Finally,the author analyses the viewpoint of how to get into the punishment of poisonous driving and demonstrates the constitutive elements of the poison driving behavior and puts forward the concrete legislation suggestion of the poison driving punishment.