A Probe Into The Legislation Of "Drug Driving"

With the development of our society and the proliferation of drugs and the continuous emergence of new drugs,there are more and more drug addicts,there are many cases of driving motor vehicles causing traffic accidents.The behavior of "drug driving" is still "active",which affects the safety of the society.At present,only administrative law regulates it,which obviously cannot effectively combat "drug driving".In the field of criminal law,for serious traffic accident caused by "drug driving",it is only based on factors such as the degree of harm,the situation,and other factors that determine the punishment of perpetrators for traffic accidents or crimes of endangering public security with dangerous method,but has not serious effect on "position driving" is either too light,or overweight,"poison driving" phenomenon is still rampant.The eighth amendment to the criminal law makes drunk driving a punishment,which plays a deterrent role in combating drunk driving,curbing the occurrence of drunk driving and ensuring road traffic safety."Drug driving" is as dangerous as drunk driving.Facts show that drug driving is even more harmful than drunk driving.However,it still does not incorporate "drug driving" into the criminal law,which is obviously not in line with the spirit of criminal legislation.This research expounds the necessity and feasibility of "drug driving" into criminal punishment by analyzing the two different viewpoints of the introduction of "drug driving" into criminal punishment and the theory of affirmation and negation theory,on the basis of the "drug driving" into the penal standards,charges,punishment,sentencing principles put forward their own proposals.This article holds that "drug driving" and legislators should regulate it in a reasonable way.This article consists of the following parts: the first part is an overview.It analyzes the meaning of "drug" and "drug driving",the social harmfulness of "drug driving" and the current situation of "drug driving" in China.The second part is the controversy and analysis of whether "drug driving" is a sentence.This article introduced the views and reasons of "positive driving" and "negative driving".The third part is the legal analysis of "drug driving" penalties.It is reasonable,necessary and feasible to introduce "drug driving" into punishment by analyzing typical cases.The fourth part,the path of "drug driving" into the penalty.Using the comparison method,through enumerating the legislation of "drug driving " in different countries outside the region,and drawing lessons from it,it is proposed that after "drug driving" is sentenced,the crime can be determined as a dangerous driving crime.The standard and nature of the behavior should be abstract dangerous offenders and the crime of "drug driving" should be restricted by circumstances.It is clear that "drug driving" is a deliberate subjective requirement.At the same time,suggestions were made on the legal punishment and sentencing system for "drug driving" crimes,in order to look forward to making some contribution to the development of criminal legislation.