Research On The Crime Of Drunk Driving And Dangerous Driving

Since 2011,the eighth amendment to the criminal law(hereinafter referred to as the Eighth Amendment)classified drunk driving as a dangerous driving crime,the number of cases of drunk driving dangerous driving has been increasing year by year and presents a high trend.Because the judicial personnel take the attitude of all crimes in judicial practice,the defendants in such cases are punished with criminal punishment.By analyzing the legislative evolution and judicial status of drunk driving before and after the eighth amendment,the legislative problems of drunk driving can be seen.The paper combs the cases of drunk driving dangerous driving which the grass-roots courts have tried in the past six years in the "China judicial document network",and finds that there are problems in the judicial practice about drunk driving.The paper collates the relevant documents and typical cases of the conditions or standards for drunk driving in some provinces and cities,and summarizes the cases in which the driving circumstances of drunk driving are obviously slight and can not be treated as crimes.Based on the summary and analysis of the standard and judicial practice of the crime of driving in and out of drunk,the author tries to find three systematic ways and methods of drunk driving behavior.Including: first,the obstacles of the constitutive elements.It does not have the elements of the crime of dangerous driving with legal interests or drunk driving.Secondly,the reasons for illegal obstruction are: first,drunk driving behavior which meets the constitutive requirements of dangerous driving crime,but has the non punishable situation;The second is the drunk driving behavior with the situation of exceeding the regulations.Third,the cause of liability obstruction is a crime for some drunk driving behaviors that endanger public safety,but the actor does not have the ability to be responsible,understand the possibility of illegality and expect possibility.This paper summarizes the reasons why the crime of dangerous driving with drunk driving does not have to be punished,puts forward the crime of minor drunk driving,calls for the improvement of Article 91 of the road traffic safety law,and realizes the effective connection with the criminal punishment and administrative punishment of drunk driving.