Go homepage(回首页)
Upload pictures (上传图片)
Write articles (发文字帖)

The author:(作者)qq
published in(发表于) 2013/11/23 17:21:33
Legal experts call for drug-driving into the penalty last year was stuffed with hundred accident

　　Last year after the national drug driving hit and more than hundred, judicial punishment apparently lacks punch

"Drug driving" more fierce than drink drivers, into the criminal norm

Our reporter, Chen Qiongke

Late at night, a Buick cars in lingyan road community and go forward reversing more than 20 times again and again at the gate of the market, and went on my way over to impact more than 10 cars, 4 people were injured, all kinds of vehicles and facilities damage amounting to more than 270,000 yuan. Crazy driver Mr a was actually found to travel drive. Recently, Xue was sentenced to 2 years by the Court. Due to the current "drug driving" does not constitute a crime, Xue was sentenced on charges of "endangering public security by dangerous means." In recent years, "drug driving" is high, legal experts called for as soon as possible, "drug driving" under the criminal code.

　　"Drug driving" than "drunk" does more harm

"With ' drink driver ' than ' drug driving ' harmful effects of the Crown. "Members of the National Committee of the CPPCC, lawyer Shi Jie worked for 10 years to a national scale" drug driving "case investigated," in recent years, ' drug-driving ' explosive growth, caused by traffic accidents last year alone, over hundred. "Last year, April 22, a bus heading from Shanghai, Changshu, tour buses crashed on the highway, leaving 14 people dead. The night before the incident, driver Wang Zhenwei rest for 4 hours only, had also smoked Crystal Meth. On November 21, 2011, Shenzhen man Zhang Chaoze drug driving after the road, hit a taxi and a bicycle and rammed into a bus station in a crowd of people waiting for, leaving 1 dead, 5 hurt slightly, slightly injured, 7.

However, unlike the "drink drivers into torture" compared to the punishment of the "drug driving" punishment is obviously inadequate. Law experts introduced, on dangerous driving sin, my criminal law amendment (eight) only provides has "drunk drive" and "motorcycle racing" two kind of behavior, some and "drunk drive", and "motorcycle racing" risk quite of other driving behavior does not was into dangerous driving sin of punish range, as has been more by concern of drug Hou driving, and in road Shang high-speed retrograde, and serious speed, and malicious collision,. In practice, the judiciary "drug driving" hit and is generally based on the level of casualties to the consequences of traffic accident crime sentencing; no casualties "drug driving" behavior of administrative penalty is only as an offence. Mr sit in a case of social harm is great, and Court end with "crimes endangering public security by dangerous means" will be met.

　There is a need for "drug driving" judicial intervention

"' Drug driving ' very easy to pose to public health, life and safety of public transport of dangerous. Therefore, drivers of smoking and injecting drug use, harmful to society and others have realistic possibilities for its ' drug driving ' acts of judicial intervention in a timely manner, in order to protect the interests of the community as a necessary. "East China University of political science and law professor Director of the Centre for judicial studies You Wei believes that" drug driving "road traffic accidents are caused by rising social anxiety is growing," drug driving "into the sentence is inevitable.

Legal experts suggested that the reasonable scope of expansion of the existing punishment of the offence of dangerous driving, "drug driving" as "dangerous driving" in a situation where penalties to punish them, which would enhance the "drug driving" deterrence and constraints. "From the perspective of legislation on technical, logical approach is the creation of dangerous driving fallback provision, could think of adding ' with other dangerous driving ' behavior. ”

Find out whether the suspect drug addicts need a urine test or blood test to detect relatively "DUI" difficulties. Experts suggest that should be set up as soon as possible related to detection and treatment procedures for the application, developing rapid on-site screening for "drug driving" techniques and methods, increase the traffic police to "drug driving" sensitivity and investigate and deal with the problem of HIV's ability to drive.

　　去年全国吸毒后驾驶肇事逾百起，司法惩治力度明显不足

　　“毒驾”猛于酒驾，入刑大势所趋

　　本报记者 陈琼珂

　　深夜，一辆别克轿车在灵岩南路一小区和市场门口反复前进倒车20余次后，又狂飙上路沿途撞击十多辆车，导致4人受伤，各类车辆及设施损坏金额达27万余元。疯狂的司机薛某被查实系吸毒后驾车。近日，薛某被法院判刑2年。由于目前“毒驾”不构成犯罪，薛某被判刑的罪名是“以危险方法危害公共安全罪”。近年来“毒驾”呈高发态势，法律专家呼吁应尽快将“毒驾”纳入《刑法》。

　　“毒驾”比“酒驾”危害更大

　　“与‘酒驾’相比，‘毒驾’带来的危害有过之而无不及。”全国政协委员、律师施杰曾对10年来全国范围内的 “毒驾”案例进行调查，“近年来，‘毒驾’呈爆发式增长，仅去年引起的交通事故就达百起以上。”去年4月22日9时许，一辆从上海驶往常熟的旅游大巴在高速公路上发生车祸，造成14人死亡。事发前一晚，肇事司机王振伟仅休息了4小时，还曾吸食冰毒。2011年11月21日，深圳男子张超泽吸毒后驾车上路，先后撞上一辆出租车和一辆自行车，然后撞向公交站台一群等车的人，造成1人死亡、5人轻伤、7人轻微伤。

　　然而，与“酒驾入刑”的惩罚相比，对“毒驾”的惩治力度明显不足。法律专家介绍，关于危险驾驶罪，我国刑法修正案(八)只规定了“醉驾”和“飙车”两种行为，一些与“醉驾”、“飙车”危险性相当的其他驾驶行为并未被纳入危险驾驶罪的惩治范围，如一直较受关注的吸毒后驾驶、在公路上高速逆行、严重超速、恶意碰撞等。实践中，司法部门对“毒驾”肇事的后果一般根据其伤亡程度以交通肇事罪进行量刑；对未造成伤亡的“毒驾”行为，则只能视为违法行为进行行政处罚。因薛某案的社会危害性极大，法院最终才以“以危险方法危害公共安全罪”论处。

　　有必要对“毒驾”司法干预

　　“‘毒驾’极易构成对民众的健康、生命及公共交通安全的危险。因此，吸食、注射毒品的驾驶人员，对社会和他人利益具有现实危害可能性，对其‘毒驾’行为予以及时的司法干预，就成为了维护社会利益的必要。”华东政法大学司法研究中心主任游伟教授认为，“毒驾”引发的道路交通安全事故正不断攀升，社会焦虑也日益增强，“毒驾”入刑是大势所趋。

　　有法律专家建议，合理扩大现行危险驾驶罪的惩治范围，将“毒驾”作为“危险驾驶罪”的一种情形，以刑罚方式对其进行惩治，这将增强对 “毒驾”行为的威慑和制约。“从立法技术上看，合理的做法是增设危险驾驶的兜底性规定，如可以考虑增加规定‘以其他危险方法驾驶’的行为。”

　　查明嫌疑人是否吸毒需要尿检或血检，检测起来相对“酒驾”困难。专家建议，应尽早设置相关检测及处置适用程序，开发现场快速筛选检查“毒驾”的技术和方法，提高交警对“毒驾”问题的敏感度及查处毒驾的能力。

赞