The driver is drunk to drive passengers and is punished

The driver is drunk to drive passengers and is punished
Ministry of Public Security issues it to the national vehicle supervision department recently>,Plan drunk to wait for behavior include the intersection of criminal law and the intersection of punishment and range in by car, propose " with drunk to drive driver, take, should punish too by one passenger of train together " for the first time Content,it is dissuade from, presume whether it is punish to fine as persons who take advantage of at prevent from to driving after drinking not to stipulate(" the Beijing Youth Daily " of the October 11) . It is driven that drunk to attacking in a more cost-effective manner, net friends express " support " one after another ,But is have many querying and objections to the passenger in the same car by the penalty clause. (" West China City Newspaper " of October 10)
Obviously, it is preparation that is done in order to submit criminal law, road traffic safety law and implementing regulations modification that the Ministry of Public Security solicits the suggestion this time. We are easy to find out, appeal for strengthening it to punishing with drunk driving from the public after drinking from it, propose drunk driving enters the crime, goes to the functional department to take out the suggestion for revision of the relevant law, its time is agreed with short and demanding with the public, are all unprecedented, make people stunned to sigh with regret. This a law drafts the organ and respects the best illustration of the will of the people, it is the extremely good explanatory note of China's legislative democratization too.
Enter punishment of drunk driving, strengthen it to the punishment driven after drinking, this is that the present various circles of society are most likely. But drive passengers and punish the expectation that exceeded people to the wine. Then, drive to the wine and the drunk passenger who drives should punish? As to this, I think, should ride the garage from the passenger in order to have social harmfulness, ride garage, for drive behavior, have close relation while being drunk, this kind ride garage for could include illegal category in, wait for angle come on analysis and judgement.
Net friend thinks, the prerequisite punished is an obligation, all formal punishment means fulfilling obligations, if obligation exist, punish, lose foundation right away. To that the driver, " must " exist with the persons who take advantage of after drinking Try to stop, prevent the driver's obligation after drinking. If this string sits in succession the regulation of properties is passed finally, it will be a string " evil law " Regulation. Outwardly, these reasons explain the question in terms of legal principle, there is certain convincingness. But it is left here seem improper, there is cause and effect what has been reversed dislikes. In my view, " must punish it if voluntary " ,Can only be suitable for enforcing the law and in the judicial course, but can't be suitable for the law to formulate namely in the legislative course. Because the reason is very simple, the course that the law formulates is to award the legal right and presume the course of the legal obligation, before relevant legal norm is formulated out, relevant legal obligation is totally normal, in order to store law in to be voluntary to come, weigh legislate, should presume, punishing, totally logic is confused.
Look from legislative angle, should be punished with the drunk driver's passenger in the same car after drinking, the ones that the key is to see the passenger ride the garage in order to have social harmfulness, and what big social harmfulness, what kind legal obligation therefore ability spreads out and bears to bear passengers. The draft has obviously strengthened and driven the law with drunk driving to punish after drinking, having promoted the grade punished greatly, this means the country has approved of the great harmfulness of driving after drinking and drunk driving public and safe to the society. And the driver's size of social extent of injury, influence and ride the behavioral social harmfulness directly.
Assert and ride the behavior that has social harmfulness, include it in illegal activities and investigate, there must be basis on legal principles. Then, where is the basis? First of all, we should not regard only driving the simple illegal activities with drunk driving after drinking as to treat, and should regard it as one kind " Traffic activity " ,It is the whole traffic activity that breaks the law. The passenger is a participant of this illegal traffic activity too exactly in the same car, so should shoulder legal responsibility for one's own illegal activities. We can not generally think passengers " The obligation to try to stop, stop driving after drinking " ,But if know a driver takes for after drinking or drunk driving, the passenger, with taking advantage of strengthening the driver's confidence after drinking objectively in behavior perfectly well, have connived at and driven when intoxicated. This is one kind legally " Know perfectly well and not interfere " Break laws and commit the crime psychology. In addition, drive after drinking and drunk driving belong to " dangerous to make " ,And the more passenger in the same car is, the greater its degree of danger of endangering the public security is. From this meaning, while improving and driving and drunk the wine and driving punishment efforts, offer passenger's lighter punishment in the same car, it is essential and appropriate.
Since people know perfectly well driver already drink or taking advantage of garaging for have obvious social harmfulness under the drunk situation in the same car, in order to prevent the occurrence of reality of the social harmfulness, thus reduce driving after drinking and drunk driving to public safe potential danger to the maximum extent, the law will have reasons " Refuse to take the driver's vehicle after drinking " With " try to stop, prevent the driver from driving when intoxicated " Presume it as the passenger's legal obligation. Since like this, punish after drinking the driver does not have any obstacle with riding people on the legal principle. Should point out, punish people can't treat as the same in the same car, one that is as to public transport those go by bus people can applicable obviously.
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