Analysis On The Related Problems Of Drunk Driving Under The Perspective Of "Risk Society"

Along with the advance of science and technology and the continuous development of social economy,the risk is almost everywhere,the insecurity of people is growing,people have to find the path of the prevention,control and dissolve the risk,for criminal law to respond to the call of the regulatory risk is becoming more and more high.In the context of globalization,and in the transitional period,our country also inevitably show some characteristics of "risk society",the China's criminal law has in some areas the means of risk prevention and control."Drunk driving" is one of the most intuitive manifestations,showing lawmakers' intent to control traffic risks and the determination to crack down on drunk driving.But is it really necessary to use criminal law to regulate drunken driving? Has the "drunken driving" effect achieved the lawmakers' expectations? What difficulties did the crime encounter in its implementation? This paper is intended to analyze in the context of risk society.This paper consists of six parts,including introduction and conclusion,which are divided into four chapters:After the introduction to "drunk driving into the punishment" the supreme people's court,the supreme people's procuratorate and the ministry of public security for drunken driving behavior whether should all topic,introduced into the punishment on different position,interpretation of the drunken driving type of dangerous driving sin dilemma in practice.The first chapter,first of all,to drunk driving into the punishment after anempirical analysis of the S district of Shanghai 2438 cases as the breakthrough point,the effect of legislation in drunk driving into the punishment: drunk driving into the punishment while play a deterrent,but education transformation function has not been fully reflected,also have some problems in the judicial application.Then take the risk society as the perspective to re-examine the necessity of drunken driving.The second chapter analyzes the viewpoint of "the drunken driving behavior need not be punished",and then questions the viewpoint from the original intention of the criminal law and the cohesion of administrative law.And then focus on whether to apply the "but" clause,that crime of dangerous driving drunk driving pattern should not apply the "but" clause to the conclusion of sin,and points out that "all punishment" does not mean that will be charged or will be convicted.The third chapter from punishment of judicial practice,discuss the subjective aspect of the crime of dangerous driving drunk driving type,and the roads,vehicles,drunken standard,the cognizance of joint crime objective aspects,such as the difficulty,and in the practice of difficult to grasp the drunken driving type of dangerous driving sin surrendered the problem put forward their own opinions.The fourth chapter puts forward the path of crime of drunk driving on the basis of the three angles of the illegal resistance,the subjective aspect and the scope of the motor vehicle,so as to reduce it to a reasonable limit.Then it puts forward the perfect suggestion from two aspects: detailed punishment standard and reasonable application of probation.In the end,the idea of improving community correction and the preservation of the previous record has been put forward in order to help drunken driving criminals to return to society as soon as possible.Conclusion part elaborated the author's point of view again: our country has not fully enter the risk society,whether it is necessary to use the last of the criminal law protection means,and in the context of risk society,the criminal law should stick to their positions,giving legislators,judicial put forward higher requirements.