On The Lack Of Legislation And Perfection After The Act Of Drunk Driving Is Sentenced

With the development of our country's economy,people's living standards have improved significantly,the number of motor vehicles and drivers has increased rapidly,and the total number of traffic violations has also increased.Among them,the cases of serious road traffic accidents caused by driving after drinking and driving after drunk are always warning people to curb drunk driving behavior.There is no delay in the occurrence of drunken driving of motor vehicles in China's criminal law has been included in the scope of penalties,and seven years of judicial practice,drunk driving into the criminal law effectively cracked down on drunken driving,effectively deterred the drunken people who want to drive motor vehicles,greatly reducing the number of drunk driving of motor vehicles.The occurrence of illegal and criminal acts,but the disputes about drunken driving in practice and theory still exist.This paper will expound from three parts.The drunken driving acts conform to the composition of the constitutive requirements of the crime,should be included in the scope of criminal law adjustment,and greatly advantageous to the process of rule of law in China.Drunken driving is necessary in criminal law.The first part is about the composition of drunken driving behavior.Starting from the four necessary components of the crime constitution,this paper analyzes the characteristics and constitutive requirements of drunken driving behavior,analyzes the existing controversial focus and reasons,and clarifies what kind of behavior is drunken driving behavior,as well as the judging criteria,so as to understand and understand the drunken driving behavior from the angle of criminal law,and then make a clear choice.This topic carries on the practical significance of the research.The second part is the significance of drunken driving in criminal law.Beginning with the practical and legal significance of bringing drunk driving into the criminal law,this paper analyzes that bringing drunk driving into the criminal law conforms to the inevitable requirements of the development of the times,fully reflects the fairness and justice of the law,and also respects the people's aspirations.The third part is to improve the drunken driving related legislation and related supporting mechanisms,in order to give full play to the maximum effectiveness of drunken driving into criminal punishment,better achieve the purpose of punishment.This is also the realistic purpose of the subject writing,through clarifying the conviction circumstances of drunken driving,improving and perfecting the highest standard of sentencing,improving the supporting mechanism for driving,strengthening the publicity of relevant laws and other means,in order to improve the punishment mechanism of drunken driving criminal law.