Proposition of Adding Drink Driving into the Criminal Law
|Keywords||drunk-driving traffic capacity for dangerous driving new charges|
With the development of social economy, the motor vehicle quantities rapid growth, especially the ownership of private cars, at the same time, because the drinking culture for thousands of years, drunken driving is very serious. A highway traffic accident is one of important reasons. Can foresee, along with the development of economy, the number of motor vehicles will further increase. From the Angle of criminal law how effectively guard against drunk driving, and the social from all walks of life has caused widespread concern. From the theoretical analysis and practical investigation of criminal law, and to increase the necessity and feasibility of drunk driving some analysis and exploration. Thesis consists of four parts:The first part is the situation of traffic safety in China and the lack of legislation. Mainly from now several groups of data and social concern for drunk driving in different sentence of road traffic safety in China, from the status quo of China’s criminal law, and puts forward the specific provision of sanctions against drunk driving, and then analyses the provisions concerning drunk driving and defects. Current criminal law of motor vehicle driving on criminal sanctions Suggestions and comments.The second part focuses on the other countries and regions, the provisions on driving forward its general is unified Settings, drunken driving charges relatively tight punishment.The third part focuses on analyzing the unity of drunk crime set theory basis, including two parts, one is intoxicated persons liable theoretical basis, the second is the unity of the necessity of setting drunk crime.The fourth part, put forward specific legislation in the specifics, adding drunken driving motor driving motor are analyzed in detail, and the SINS of components from the constitutions and traffice offences, endanger public security of sin. Also suggested by the judicial interpretation of some conviction, the quantitative details. Add drunken driving motor vehicle crime and social public opinion base, drunken driving motor vehicle drivers of technical support, the alcohol detection obligations and related personnel of the responsibility.