“酒驾”行为的刑法思考法律专业论文.docxVIP

重庆大学硕士学位论文英文摘要 重庆大学硕士学位论文 英文摘要 PAGE PAGE IV ABSTRACT Drunk driving has become a major cause of traffic accidents which are frequently seen nowadays. This behavior is obviously a serious violation of traffic rules, and besides a big concern of Chinas public transportation safety. Recently drunk driving, especially driving while intoxicated has led a vicious series of traffic accidents, thus bringing about hazards to people’s health and safety as well as huge losses of public and private property. These vicious drunk driving accidents have aroused widespread concern of people cross the country and strongly condemned, but how to properly apply criminal law to deal with such issues like drunk drinking caused extensive academic discussion. As China’s current criminal law did not make provisions for acts of drunk driving, different courts in recognition of difference make different judgments on continuous occurrence of cases of drunk drinking accidents. The application on the behavior of drunk drinking accidents arouses many disputes in judicial practice. In this regard, analyzing the existing models of the judicial practice and the relevant legislative proposals of some scholars, the author put forward some ideas in order to perfect the criminal sanctions against drunk driving. The paper is divided into four parts. The first part is to focus on several problems. Through some typical cases, a question is put forward: the same is a major traffic accident caused by drunk driving, which some courts sentence as “crime of causing traffic casualties” and some courts sentence as “dangerous means of endangering public security”. Qualitative differences lead to great differences in terms of imprisonment with the result that there has no uniform application of law issues. Thus it introduced the focus of controversy on judicial practice of such acts in terms of conviction and sentencing: the dispute on drunk driving behavior and the criminal acts of conviction and sentencing of d