Research On The Application Of The Crime Of Drunk Driving Dangerous Driving

The addition of the crime of dangerous driving in the Amendment(?)to the Criminal Law in 2011 means that the behavior of "drunk driving" has been elevated from an administrative violation to a criminal offense,which is regulated by the Criminal Law.Undoubtedly,the punishment of drunk driving has played a role in strictly controlling drunk driving and ensuring road traffic safety.However,at the same time,the number of drunk driving crimes has also increased in various places,which has aroused the attention of academic and practical circles.The focus of controversy has gradually shifted from whether drunk driving should be punished to how to accurately apply it in judicial practice to achieve the best effect of cracking down and preventing drunk driving crimes.Based on this,this paper takes the application of the crime of drunk driving dangerous driving as the research object.Starting from judicial practice,this paper studies the determination of the crime of drunk driving dangerous driving by combining cases with the three-level criminal theory system of German criminal law.Through case analysis,systematic analysis,comparative study and other methods,this paper analyzes the hot controversial issues in the judicial practice of the crime of drunk driving dangerous driving,hoping to summarize an effective identification method for the crime of drunk driving dangerous driving from the perspective of the most practical and convenient judicial practice.In addition to the introduction and conclusion,this paper is mainly divided into three parts:The first part of the first list the components of the crime of dangerous driving drunk driving type should judge the problems in practice,using the method of empirical analysis,to orgnaization of his own hands and controversial cases of drunk driving as a typical case,the court of public security organs,procuratorial organs,three in handling drunk driving cases together with the view of different carding,analysis,found in the judicial practice in the cognizance of "road" "motor vehicle" is incorrect,tend to be more formalized risk judgment,so it is necessary to the substantial judgment constitutive requirements.In the second part,based on the justness of the constitutive elements,the substantial illegality of the drunk driving behavior is judged mainly around the cause of illegal obstruction.Based on the theory of resultlessness,this chapter believes that the judgment of the substantive illegality of drunk driving should be centered on the core of the infringement of legal interests.First of all,it puts forward the confusion of legal nature in practice with the first case of "drunk driving to send his wife to seek medical treatment" which was withdrawn according to law because it constituted"emergency avoidance" in Jiangsu Province.Then the shortcomings of the theory of injury-benefit analysis should be supplemented by the theory of social equivalence in the identification of emergency risk aversion.Finally,combining the above cases with the social equivalence theory as a tool to carry out a specific analysis on the medical case of drunk wife.The third part investigates whether the doer has the reason to obstruct the liability on the basis of the justifiable and illegality of the constitutive elements of drunk driving behavior,so as to complete a complete evaluation of a crime.Firstly,the author takes "overnight drunk driving" and "unimpeded but illegal drunk driving to send friends to the medical case" as examples to illustrate the problem of responsible judgment in practice.Secondly,the essence of liability is the possibility of cognition and expectation of illegality.Finally,combining the above cases from the perspective of normative liability theory,this paper analyzes the specific application of liability judgment in the crime of drunk driving dangerous driving.