Criminal Acts of Drunken Driving
|Keywords||Drunken driving Criminal responsibility Perfection of Legislation|
With the rapid economic development and the improvement of living standards of the people's material, the cars into more and more families, but people enjoy the convenience of car brought the security risks immediately rise. In recent years, the malignant cases of drunken driving causing serious casualties frequent, causing widespread concern in society as a whole. But, the same as drunk driving accident, the result is very different treatment of different cases. Several cases in 2009, Henan Sanmenxia Wang Weibin drunk driving causing six deaths and seven injuries, was sentenced to six years to the Crime; the Guangdong LiJingQuan full and Sichuan Sun Weiming drunk driving, the first instance he was was sentenced to the crime of endangering public safety the death penalty, after the second trial to life imprisonment. Day of the two cases in Guangdong, Sichuan upheld the sentence, the Supreme Court held a special press conference, unified drunken driving cases referee standard, subsequently issued guidance on drunk driving criminal law applies \caused heavy casualties, be convicted of endangering public safety by dangerous means. The introduction of the \And \Drunken exactly what kind of impact the criminal capacity, whether existing laws can be accurate, appropriate to evaluate the behavior of drunk driving, drunk driving accident behavior should be how qualitative, legislation, whether there are problems we need to solve and improve? In this paper, drunkenness driving behavior in the theory and practice of the aforementioned problems. Text is divided into three parts, about 30,000 words, the main contents are as follows: The first part of the main analysis of criminal liability for drunken driving behavior. Concepts and types of drunken, analyzing all kinds of drunken different impact on the criminal responsibility of the perpetrator, and focuses on the physiological drunken case basis for the criminal responsibility for drunken driving. The second part is mainly from a criminal law perspective to explore drunken driving behavior and how it should be qualitative. Practice in the driver's blood alcohol content to determine whether drunken driving, because this is an objective standard, and each person's physical fitness of the same, the rate of decomposition of the alcohol is not the same, and therefore may appear objective has reached the standards of drunk driving, but the perpetrator has not completely lost not lost even identify and control capabilities. Therefore, I first acts under a state of intoxication may be in several incapacitated state classification, analyzed and combined with a different state of mind of the perpetrator may be established which crimes drunken driving. Secondly, I start from the analysis of the characteristics of drunken driving behavior, discusses the highly dangerous drunken driving behavior and serious harm to society, to explore the subjective state of mind of the drunk driving behavior of the harmful consequences that might exist, and analysis of our country and other countries penalties of drunken driving behavior, a brief review of the recent years, China's Criminal Law Dangerous Criminals provisions. Horizontal and vertical comparison of the new situation of drunken driving behavior society brought a lot of public risk, the criminal law should drink driving behavior into their own vision. The third part of the the criminal regulation Reflections of drunken driving behavior. First listed the main problems encountered in the evaluation of drunken driving behavior in the judicial practice, followed by analysis of proposed several legislative proposals, Finally, I combine the characteristics of drunken driving behavior, discusses the behavior of drunken driving alone to incriminate the need for, and put forward specific recommendations to improve laws. I believe that, with the evolving social, drunken driving behavior to bring social and public risk increasing drunk driving behavior should be defined as criminal, danger to public safety as long as drunken driving also constitute a crime, even if no serious consequences, if the cause The serious consequences of the establishment of consequential offense.