Research On The Knotty Problems Of Drunken Dangerous Driving Crime

With the rapid development of the transportation industry,driving a motor vehicle has become one of the important ways for people to travel.The frequent traffic accidents caused by illegal driving also pose a great threat to public safety.Among them,the major traffic accidents caused by drunk driving have further highlighted the severe situation facing public transportation safety.In 2011,the Standing Committee of the National People's Congress upgraded the drunk driving of motor vehicles into a criminal act and clearly stipulated it in the Criminal Law Amendment(8),and incorporated it into the Criminal Code to regulate it,thus responding to the public request for drunkenness at the legislative level.The strong appeal of the phenomenon of driving a motorized vehicle has effectively protected the road traffic safety and the personal and property safety of the people.However,after the act of driving a motorized vehicle after drunkenness,the subsequent application of the law has caused widespread controversy.The legal profession has carried out preliminary research on the identification of dangerous driving related issues,but the theoretical research on the difficult problems of drunken dangerous driving crime needs to be expanded in breadth and depth.The author will start with the legislative purpose,constituent elements and system of the drunken dangerous driving crime,analyze the legislative orientation,legal basis,legal protection and behavior regulation of the crime,and the sin standards and guilty basis for drunk dangerous driving.Research on the problems in the application of the law,such as the application of penalties,and discuss some difficult problems in judicial practice,and put forward preventive countermeasures and suggestions,so as to provide sufficient theoretical basis and reality for regulating the trial work of drunk driving criminal cases and accurately applying the law.basis.