| Since the 21 st century,with the rapid development of socialist market economy,cars have entered thousands of households.China is a country with a long history of wine culture.The traffic accidents caused by drunk driving occur frequently.Under such a social background,the crime of dangerous driving was established in amendment 8 of the criminal law in 2011.Drunk driving is conducive to the maintenance of road traffic safety and the safety of people’s lives and property.However,after drunk driving into the penalty,the standard of the determination of drunk dangerous driving crime has caused widespread controversy.This paper uses case analysis,comparative analysis and other research methods to put forward suggestions from the limits of motor vehicles,drunk,driving,roads,and other crimes,and combining with the policies and cases in the trial practice.This paper is divided into four chapters.The first chapter mainly analyzes the legislative background and the constitutive elements of the crime of drunk dangerous driving.For example,the identification of motor vehicle elements,whether the exceeding standard electric vehicle can be recognized as a motor vehicle.The road elements,what characteristics of the road can be identified as roads.The second chapter mainly analyzes the standard of entering into the crime of drunk dangerous driving in western countries.And put forward which aspects of the legislative experience abroad worthy of our country to learn from.The third chapter mainly analyzes the limits and competing of the crime of drunk dangerous driving and traffic accident,and the crime of endangering public safety by dangerous means.In the form of case study,the paper analyzes the type of drunk dangerous driving and the identification of related crimes.Chapter four,through the summary of the previous article,aiming at the legislative deficiencies of the crime of drunk dangerous driving,combined with the experience and practice of trial practice,puts forward its own suggestions on the crime of drunk dangerous driving,and puts forward the ideas and reasons that the standard of drunk driving into the crime should be broadened. |
