Study On The Penalty Of Drug Driving Behavior

The discussion on the criminalization of drug driving is more influenced by the provisions on the criminalization of drunk driving in the amendment to the criminal law,which ACTS as a deterrent to drunk driving.Therefore,it has become the voice of people to regulate the behavior of drug taking driving most similar to drunk driving.In China,the debate on the punishment of driving under the influence of drugs focuses on the legitimacy of the punishment of driving under the influence of drugs,the procedural obstacles of the punishment and the status of the criminal law system after the punishment.First of all,the problem of legitimacy should be solved.On the one hand,it is related to the principle issues such as freedom and value,on the other hand,it is also related to the discussion on the new standard of punishment for dangerous behavior.Based on this,two opposing views are formed.The opposition points of view argue from the aspects of violation of modesty of criminal law,restriction of civil freedom,harmfulness of toxic driving behavior and so on.Supporters argue that drug driving should be punished from the perspectives of the substantial harm of the behavior,the limited regulation of the behavior stipulated by the current law,and the fact that the behavior has already met the criminal criteria.Combined with the social reality of high incidence of drug-taking driving behavior in China and the academic research on the problem of drug-taking driving,it is supported that the criminalization of drug-taking driving behavior is not only conducive to ensuring public safety,but also conducive to improving the theory of criminal law by analyzing the harmlessness of drug-taking driving behavior and discussing the criteria for the criminalization of new hazardous behavior.Secondly,in view of the technical and procedural obstacles in the sentencing of drug driving behavior in China,through the analysis and comparison of foreign regulations and legislative models on drug driving behavior,the on-site detection mechanism should be improved,and the criteria for determining the applicable upper limit and damage proof should be established.Finally,we should solve the problem of the status of the toxic driving behavior in the criminal law and the penalty setting.As for the status of the act of driving with drugs in the criminal law after being criminalized,the focus of the dispute is whether to set the act as a separate crime or boil it down to the crime of dangerous driving or other charges,and how to solve the problem of the stability of the criminal law provisions.According to the serious socialharmfulness of the act of driving with drugs and from the perspective of realizing the purpose of penalty,the act of driving with drugs should be made a crime separately and a heavier penalty should be set.The structure of this paper is divided into five parts.First,the introduction part elaborates the background and significance of the topic,the research status at home and abroad,research methods and innovation points.This paper introduces the social and legal background of the topic based on the legislation and social status in China,and studies the significance of drug driving behavior to public safety and the theoretical construction of criminal law.This paper introduces the research status of China and other countries and regions,and compares the regulations and research results of drug driving behavior at home and abroad.The research methods and innovations of this paper are described.Secondly,it introduces the related problems of drug driving behavior.This paper focuses on the basic issues such as the concept of drug driving behavior,the relationship between characteristics and drugs,and clarifies the research object of this paper.Third,the legitimacy of the drug driving behavior into the punishment.In view of the two opinions on whether the behavior of driving drugs should be evaluated by the criminal law in China's theoretical circle,this paper analyzes and explains the questions raised by the opinions against the criminal law,expounds the practice and legal significance of the behavior of driving drugs into the criminal law,and concludes the legitimacy of the behavior of driving drugs into the criminal law.Fourth,the difficulty and solution of the problem.At the present stage,there are still some problems in terms of the test means,identification standards and other aspects of the punishment for drug driving behavior.The establishment of a perfect inspection mechanism and the adoption of appropriate punishment standards for drug driving behavior are the methods to solve the difficulties in the punishment for drug driving behavior.Fifth,the penalty design after the drug driving behavior into the punishment.It mainly solves the status and penalty setting of the criminal law after the drug driving behavior is put into punishment,so as to realize the balance between the stability of the criminal law system and the just punishment..