A Regulation Study on Drunk Driving
|Keywords||Drunk Driving Amendment Ⅷ to the Criminal Law|
With the popularity of the automobile, there are more and more traffic accidentcrimes. The drunk driving behavior becomes the hot problem highlighted in thepublic opinion and judicial practice. To effectively combat the drunk driving behaviorand create a good atmosphere for safe driving in society as a whole, there is one articleadded by Amendment Ⅷ to the Criminal Law of the People’s Republic of China inArticle133of the Criminal Law as one of the Article133:“The serious racing droveof motor vehicle or drunk driving a motor vehicle on the road is punished in terms ofdetention and fine. The one who has the preceding behavior, at the same timeconstitutes other crimes, is convicted and punished according to a heavier penalty.”Problems in judicial application and other practices are to be solved in this context asthe new charges. In order to guide judicial practice through theoretical study andbetter play the due role of the law, drunk driving behavior is studied in this thesisfrom the aspects of the interpretation of relevant provisions of criminal regulation ofdrunk driving behavior, hard problems of drunk driving in judicial application, theinterpretation of problems in legislative theory and solutions of hard problems ininterpretative theory.Firstly, the relevant provisions of criminal regulation of drunk driving behaviorare interpreted. In the concept of norms system, the dangerous driving crime, trafficaccident crime, offense against public security by dangerous means, concepts ofcommon crime and its constituent elements are generalized. The relationships amongdrunk driving behavior and dangerous driving crime, traffic accident crime, offenseagainst public security by dangerous means and common crime are further elaboratedin the following part and the way for the following discussion is paved.Second, the difficult problems encountered in the judicial application of drunkdriving are discussed. The creation of dangerous driving crime provides a legal basisfor combating drunk driving behavior and the protection of social and public safetyand fills the gap on the Criminal Law. According to the degree of harm andpunishment, drunk driving from low to high are--drunk driving--traffic accident-- offense against public security by dangerous means, which forms a relativelycomplete legal system of road traffic safety and improves our related laws andregulations in traffic offence. However, it is believed that the legislative stipulation ofdrunk driving behavior regulated by Amendment Ⅷ to the Criminal Law of thePeople’s Republic of China will still encounter some problems in the future judicialrules of criminal law, thus it still needs to be improved as summarized below:whether drunk driving shall be incriminated equally, the conviction punishment ofdrunk driving with serious consequences, the singleness on penalty configuration ofdrunk driving behavior, light punishment and difficult sentencing, which lead to theimbalance of criminal penalty application.Again, for the above problems, the following solutions of interpretation theoryare proposed,(I) the application of structured criminal law and related administrativeregulations;(II) the position of the interpretation of criminal law theory of adheringprinciple and the exception for drunk driving accident;(III) the specification of theconviction and sentencing of the drunk driving behavior in order to achieve thestandardized sentencing;(IV) the setting of criminal penalty and punishment fordrunk driving behavior;(V) different treatments according to the particularcircumstances of the case.At last, the judicial rules on drunk driving behavior abroad is first illustrated inthis part, then the above judicial rules and the foreign drunk driving behaviors arecompared, then the criminal judicial rules on our drunk driving behaviors areregulated putting forward the concrete legislative proposals, that is, dangerous drivingcrime is added after section133in Criminal Law: The serious racing drove of motorvehicle or drunk driving a motor vehicle on the road is sentenced to two years ofimprisonment or criminal detention with fine. In addition, if the cases are not seriousand it is initial with no harmful consequences, it shall be punished with anadministrative penalty as pre-procedure of the crime and not punished as a crime.