Study On The Problem Of Drug Driving Into Criminal Law

"Drug driving" is the abbreviation of "driving a motor vehicle after drug use".It refers to the act of driving a motor vehicle on the road after taking the psychotropic drugs or narcotic drugs,which endangers public safety.Whether taking mental drugs or narcotic drugs for medical or non-medical purposes,subsequent driving of motor vehicles should be considered as "drug driving." The United kingdom,the United States,Germany,Japan and other countries have provided a good reference blueprint for China's mature legal regulation of "drug driving".China's criminal law does not generally carry out criminal laws and regulations such as drunk driving behaviors,and other departmental laws have more specific provisions on this behavior.At present,China's regulation of drug driving is divided into two groups.One faction suggests that drug driving should be incorporated into the criminal law for strict regulation.One group is opposed to drug driving into the criminal code.It is suggested that there are two different criminalization schemes for adding "drug driving crime" and incorporating dangerous driving crimes.Opposing drug driving and imprisoning,there are two arguments,include against the drug driving in the current immaturity of the case of imprisonment and drug driving does not need to be sentenced.The risk factor of drug driving is large,China's drug driving accidents are frequent,and social harm is serious.Drug driving has serious legal infringement,subjective faults in drug drivers,and the current law lacks the means of preventing drug driving,and it is necessary to drive drug driving into punishment.Drug driving has a theoretical feasibility and technical support,and there is no lack of public support.Therefore,it is feasible to enter a sentence.It is not appropriate for the general drug driving to increase the "drug driving crime" alone.It should not be classified as a traffic accident crime,but should be included in the dangerous driving crime.As long as the drug content is detected in the actor,regardless of the amount,it can be considered as the guilty standard of drug driving behavior.After the drug driving is included in the dangerous driving crime,the main sentence of dangerous driving crime should be increased by a fixed-term imprisonment,and fines and qualifications should be applied.It should also increase the felony circumstance and the sentencing file of dangerous driving crimes.It is still conviction for serious drug driving behavior with dangerous driving crimes,and only imposes aggravating punishment on sentencing.The judiciary should uphold the principle of justification of punishment and sentencing,justly discretion of thepenalties of each crime,and then disciplinary the penalty of Punishment of several crimes.For special groups in drug driving crime cases,probation can be applied to reflect the judicial spirit of combining leniency and strictness.