“醉驾型”危险驾驶罪的理论界定、司法适用与立法建议刑事诉讼法专业论文.docxVIP

“醉 “醉驾型”危险驾驶罪的理论界定、司法适用与立法建议 西南 西南政法大学硕士学位论文 3 3 4 4 Abstract In the 21th century，China’s economy has taken off，more and more people have their own cars, the number of the motor vehicle traffic accident is increasing year by year. Drunk driving is one of the main cause of the traffic accident. Especially in the last few years, drunk driving causing severe accident, which attracting great concern of people from all walks. On May 1, 2011, the Criminal Law Amendment (eight) officially performed, in this article, we take the drunk driving as a crime of dangerous driving penalties. Drunk driving law provision formulation is simple, but the cases we could met is complex, when simple legal abstract encounter specific complex social reality, there will always become many differences and confusions in the understanding and applicable of the law. There are Deep-seated reasons for these differences, in order to clarify the theory of this crime and to clarify a lot of confusions in the judicial practice, the author writting this article to research a few problems of the practice of drunk driving. I hope to be able to solve such problems in practice. In the first part of this paper, I’d like to analysis the elements of the drunk driving crime. In this part, I mainly analysis the sin objective and subjective aspects of drunk driving crime. Through some controversial cases appear in society, the author focuses on the two concepts of the provisions of law: roads and motor vehicles, and put forward some of my own point of view. For the subjective aspect of the crime, the theorists have not reach an agreement. Therefore, the author conducted a detailed exposition of the in-depth analysis and concluded: the subjective aspect of drunk driving should be indirect intention. In the second part of this article, the author discusses the hot controversial issue: drunk driving shall be incriminating or treated differently. Zhang Jun, the vice president of the Supreme court, made a conversatio