Research On The Judicial Identification Of Drunk Driving

Since the implementation of the Amendment to the Criminal Law(8),there have been many disputes in the judicial determination of drunk driving behavior,including: 1.Whether the "road" as the space-time condition of drunk driving behavior needs to expand its scope;2.With the progress of science and technology,whether electric bicycles violating national standards can be included in the scope of "motor vehicles";3.Pathological drunk driving;For example,the unfinished form of drunk driving and whether overnight drunk driving is punishable.In addition,according to the different subjective mentality of drunk drivers,what legal interests drunk driving endangers,and the differences in objective performance,so it remains to be discussed on the issue of what constitutes the crime of drunk driving.Therefore,we should start with the social harmfulness of drunk driving behavior in specific cases,analyze what kind of legal objects drunk driving harms,and according to the subjective mentality and specific circumstances of the actor,in order to distinguish drunk driving behavior from that crime.Finally,through proposing to increase the setting of the plot of drunk driving behavior,adjusting the applicable object and the range of punishment,we can improve the deficiency of drunk driving crime.