Comment on the Legal Prevention of Drunk Driving
|School||South China University of Technology|
|Keywords||Drunk driving The law Legal prevention measures|
Everything has its pros and cons. The existence of prosperity in the rapid development of transportation, hidding behind the traffic accident, especially the drunk driving crime is frequent and high-risk situation. From a global perspective, 50%—60% of the world of traffic accidents and drunk driving relating, drunk driving has become a "road killer". How to prevent the drunk driving is facing the world.Drunk driving has endangered the broad masses of the people life safety gravely, right to life , healthy right to people having been brought about extremely large threat. Althought, for drunk driving behavior in the criminal punishment, China focuses on the punishment but not prevention. In civil law, usually only cares for medical bills and lost wages, a living allowance, etc, and loss compensation for mental does not be paid attention to the provisions of laws and administrative regulations, obviously lag. It can not effectively prevent drunk driving. In administrative law, such as set of short duration buckles, motor vehicle driving license revoked, fines and detention punishment, these are obvious light punishments. The drunk driving phenomena can not be effectively prevented. In the view of this situation, this article from the legal angle, in criminal, civil and administrative aspects, launches the analysis of legal prevention measures of drunk driving and puts forward some personal opinions.This structure includes foreword, text, conclusion. The text divides into four chapters. The first chapter introduces the status, harm and reason of drunk driving in our country, so that drunk driving become a "road killer". In today’s world, preventing the drunk driving is now the world event, is imminent and is a priority. The second chapter mentions the punishment of drunk driving at present, and from the criminal law, civil law, administrative law, analyses defects of the current law. The third chapter points out the legal rules punishing drunk driving abroad, and carries on the analysis to its legal rule and the characteristic for taking Japan, America, Britain as examples. The fourth chapter raises questions about how to prevent drunk driving. From the angle of the criminal law, civil law and administrative law, legal prevention measures of drunk driving are elaborated concretely with using for reference overseas after the legal rules of drunk driving.