“醉驾入刑”的法理学思考-法理学专业论文.docxVIP

Abstract Although jurisprudence is a pure academic discipline, it has a strong application value. The fundamentals，basic principles and methods of jurisprudence, which can not only guide the study of branch law, but also provide a direction for legislative and judicial practice, may be used to test the rationality and feasibility of a new law to some extent while identifying legislative and judicial problems and giving them a ultimate solution. From drafting to passing to enforcing, “the criminalization of drunk driving” caused great controversy. These disputes, including whether drunk driving should be criminalized limitedly and unlimitedly, in a sense are legislative and judicial problems which belong to the basic category of jurisprudence. Therefore, using the fundamental principles of jurisprudence we can find the reason causing the disputes and the way settling the differences and finally judge the reasonability and feasibility of “the criminalization of drunk driving”. “To criminalize drunk driving” is sufficiently reasonable and feasible by combating the rising drunk driving to protest public traffic safety and safeguard life, health and property safety of the driver and the pedestrian. According to the theory of the contexts of law, “The criminalization of drunk driving” means setting behavioral pattern and legal effect for the driver in an obligatory rule. Specifically, the regulation sets “an obligation of not to drive while drunk” for the driver. If he this rue, he will be sentenced to criminal detention and be fined. This criminalization which embodies the fair-oriented, duty-centered, right- reasonable and coordinated, and obligation- impartial principles of setting rights and obligations is reasonable and feasible. On the basis of the principles of legislation, “the criminalization of drunk driving” is in conformity with the principles of lawmaking and criminal legislation such as democratization, necessity, moderation and benefit indexes. In the ligh