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Research On Criminal Regulation System Of Drug Driving Behavior

Posted on:2020-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:J S WangFull Text:PDF
GTID:2416330596970390Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years,traffic accidents caused by drug-using driving behaviors(hereinafter referred to as “drug driving”)have repeatedly increased,causing serious harm to families and society.This calls for the society to pay great attention to “drug driving”.The "Amendment of the Criminal Law of the People's Republic of China(8)"(hereinafter referred to as "Criminal Law Amendment(8)"),drunk driving behavior(hereinafter referred to as "drunk driving")is included in the criminal law.In social life,the danger of "drug driving" is no less than that of "drunk driving",representing another threat to national public safety and people's life safety,it has been discovered that the solution to the problem of "drug driving" is imminent.In China's existing legislation,relevant administrative regulations alone cannot curb the spread of "drug driving." Investigating the relevant legislation on "drug driving" in other countries in the world,and discovering that they will carry out criminal legislation and achieve good social effects,which is extremely beneficial to the prevention of "drug driving".Based on the current spread of “drug driving”,China should consider using criminal law to regulate such acts to reduce traffic accidents and casualties.Based on the above,"drug driving" should be sentenced,similar to "drunk driving",through the criminal law amendment,the behavior is included in the dangerous driving crime,thus improving our criminal legislation and better safeguarding public safety.This article is aimed at the basis of "drug driving",the way of "drug driving" and the specific practice of "drug driving".The first part mainly focuses on the current status of "drug driving" in China.Firstly,it starts from the concept of drugs,and understands the meaning of "drug driving".Secondly,according to the reality of "drug driving" in China,the first part explains China's "drug driving" from three aspects.The first one expounds expounds the harm caused by China's "drug driving";the second introduces the current situation of China's "drug driving" regulation,and the third describes the current status of "drug driving" criminal penalty in China.The second part which mainly introduces the academic viewpoint of whether or not sentence "drug driving",that is,the affirmative doctrine and the negative doctrine,and also explains the proper attitude of "drug driving".The third part examines the status quo of the legislation on “drug driving” outside the domain,and reflects the feasibility of including “drug driving”in the criminal law.The fourth part is mainly discussions on including "drug driving" into the criminal law norms.It analyzes and demonstrates the theoretical basis and realistic basis of the "drug driving" sentence in China,and then explains that "drug driving" should be sentenced.The fifth part puts forward specific suggestions on the “drug driving”.Incorporating "drug driving" into dangerous driving crimes,scientific design of "drug driving" crimes,and rational allocation of "drug driving" punishment and punishment.
Keywords/Search Tags:Drug abuse, Drug driving, The crime of dangerous driving
PDF Full Text Request
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