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Thoughts of Drunk Driving in Criminal Law

Author: YuJie
Tutor: ZhouGuoWen
School: Chongqing University
Course: Legal
Keywords: Drunk driving behavior Drunk driving accident Time behavior Quadratic behavior
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 483
Quote: 0
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Abstract

Frequent traffic accidents, drunk driving behavior became an important incentive to cause accidents. Drinking and driving is a serious traffic violations, but also our public transportation security hidden one. Especially lately, especially because of drink driving drunk driving behavior and triggered a series of major malignant Traffic Accident, brought serious harm to the broad masses of the people's life and health and safety, to public or private property caused significant losses. These vicious drunk driving incident caused widespread concern of the National People's strongly condemned, and for the criminal law to deal with such drunk driving is also criminal law scholars triggered a wide-ranging discussion of how to properly apply. Different court because of a different understanding of the criminal law is not to make clear that the behavior of drunk driving, driving accident case for continuing the wine, and make a different decision. Judicial practice of law applicable to the problem of drunk driving accident behavior heavily controversial. In this regard, the author of the analysis of the existing judicial practice of processing mode and some scholars of legislative proposals, some of their own point of view, in order to improve the harmful behavior of drunk driving criminal sanctions Roland Garros. The text of this paper is divided into four parts. The first part of the questions. First problem through a few typical cases: the same drunk driving caused a major traffic accident, some courts as \huge problem of the non-uniform application of the law. Then introduced the judicial practice of such acts in the conviction and sentencing of the focus of controversy: the battle of drunk driving behavior into criminal and drunk driving accident criminalize sentencing dispute. The second part introduces the article refers to the meaning and scope of \This chapter is the first of this article said the \Cause Analysis to identify governance drunk driving hazard behavior of countermeasures. The third part is a critical analysis of handling drunk driving accident cases already in our criminal justice practices. This chapter focuses on the handling drunk driving accident cases most commonly used two approaches - traffic crime \disadvantages, and a brief introduction of a drunk driving accident cases dealt with in the judicial practice. As can be seen by analyzing our judicial practice in response to the behavior of drunk driving practice is not uniform. For the accuracy and consistency of the application of the law, there is an urgent need to be perfect with the relevant provisions of the Criminal Code. The fourth part is discussed from two aspects. First refuted the \Then make some response to the recommendations of the drunk driving accident behavior: first, the introduction of judicial interpretation of the legal punishment for drunk driving resulting in deaths increased by one grade; Second, a comprehensive evaluation of the \concurrence; Third, on the application of the death penalty in response to a vicious drunk driving accident cases reasonable. Hope perfect criminal law provisions to effectively regulate drunk driving behavior, give full play to the deterrent effect of the penalty, to crack down on drunk driving accident behavior to protect the safety of people travel.

Thoughts of Drunk Driving in Criminal Law

Abstract

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