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Probe Into The Legal Problems Of Drug Driving Into Criminal Law

Posted on:2020-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:B Y N E T H T A L SuFull Text:PDF
GTID:2416330590954760Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,the improvement of people's living standards has accelerated t he speed of social and economic development.Correspondingly,the number of motor vehicles and the private ownership of motor vehicles have also increase d rapidly.Accordingly,the number of traffic accidents caused by drug driving has also increased,and the harmful consequences to society have become mor e and more prominent.It has developed into a serious impact on road traffic safety and public life.One of the main problems of life and property security.In recent years,with the smooth progress of the national anti-black and anti-e xplosive work,drug crimes have decreased,but because here is no clear domes tic laws and regulations to regulate the dangerous behavior of drug driving,so the phenomenon of drug driving has not decreased.In 2015,drunk driving was incorporated into the criminal law,so that drunk driving behavior was signific antly reduced,and public transport safety was improved,but the more harmful drug driving behavior to society was still not included in the criminal law.I n order to cope with the increasing traffic accidents caused by drug driving,t he author believes that drug driving should be included in the scope of crimin al law.In this paper,the problem of drug driving into prison is considered at t he legal level,which consists of the following five parts.The first part expounds the basic concepts and theories of drug driving in Chi na.The first is the concept of drug and drug driving.Secondly,through the typi cal cases in recent years,it illustrates that our country is in a state of frequen t drug driving.Finally,it writes the theory of supporting and denying drug dri ving in the academic circles,and expresses the author's own views,which bot h agree with and support the idea of drug driving into criminal law.The secon d part illustrates the realistic necessity of drug driving penalty from two aspec ts: social harmfulness and the deficiency of drug driving regulation in Our co untry's laws and regulations.The third part elaborates the feasibility of drug d riving into criminal law,and analyses it from two aspects: the purpose of drug driving conforming to criminal law regulation and the principle of drug driv ing conforming to criminal law.The fourth part,on the basis of the foregoing discussion,draws lessons from the legislative experience of other countries and regions,draws the author's own specific legislative suggestions from the aspe cts of the standard of sentencing,the design of charges,the constitution of the crime of "drug driving" and the allocation of legal penalties.
Keywords/Search Tags:Drug driving, Necessity, Feasibility, Legislative design
PDF Full Text Request
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