The more words, the better the argumentative paper on drunk driving.

It is also said that drunk driving has a black connection with traffic accidents and traffic accidents. Wine culture has a long history in China. Moderate drinking can dispel cold, relieve fatigue, prolong life and increase holiday atmosphere. However, in traffic activities, drunk driving is "taking a sip of wine and others crying", which is very harmful. The author tries to summarize the phenomenon of drunk driving from its meaning, harm, causes and preventive measures.

1. Name: What is drunk driving?

Drunk driving and drunk driving will be punished, but how many rounds will they be considered drunk driving and drunk driving?

According to the national standard "Threshold and Detection of Alcohol Content in Blood and Breath of Vehicle Drivers" (GB 19522-2004) issued on May 3, 2004, the alcohol content in blood of vehicle drivers (abbreviated as BAC in English) is 20 mg/100 ml ≤ BAC < 80 mg/60. Driving behavior of 80mg/ 100ml ≤ BAC belongs to drunk driving. That is to say, when the blood alcohol content BAC of the vehicle driver is lower than 20 mg/ 100 ml, the driver can drive legally.

The most accurate way to detect whether to drink or drive after drinking is to check the alcohol content in the driver's blood immediately. At present, almost all countries in the world use breath alcohol tester to test drivers on the spot. So as to judge whether the driver is drunk driving or drunk driving. Alcohol breath tester provides BAC data, which is the most effective and direct punishment evidence.

Second, reflection: the harm of drunk driving

According to the statistics of the World Health Organization, more than 600,000 people die in car accidents all over the world every year, and more than 200 people die under wheels in China every day. About 50% ~ 60% of car accidents are related to drinking.

Alcohol is essentially an anesthetic. When alcohol enters human blood, it will affect people's central nervous activity and extend to motor nerves and peripheral nerves, which will slow down the activities of hands and feet, greatly reduce the timeliness, accuracy, coordination and reliability of their actions, and the driver's physical strength, judgment and coordination will also decrease accordingly.

Generally speaking, the harm of drunk driving is mainly manifested in the following aspects:

1. Poor visual ability. People's normal peripheral vision can cover 180 degrees. However, the visibility will be reduced after drinking. The more you drink, the less visibility you will have, and you will not be able to see the surrounding environment clearly, and your adaptability to light will become worse, which will easily lead to visual errors. When driving, it is easy to bump into stationary trees, telephone poles or parked vehicles, causing personal injury and vehicle injury. In addition, you may not be able to catch the target, can't see the lane line clearly, and leave the lane in an S-shaped motion, resulting in collision with other vehicles or pedestrians, or even rushing off the road. The consequences are often quite serious.

2. Motor reflex nerves are dull. After drinking, especially after being drunk, people's judgment and self-perception ability decline. Drivers think that they have to step on the brakes to lift their feet, but in fact, they are slow to respond and delay for a second or two. When avoiding moving people and cars, it is easy to lose control of speed and hide in one direction, causing accidents.

3. Looks excited and self-expanding. Excited after drinking, blindly believing in your driving skills, with strong self-confidence, always feeling that the speed is slow, and the throttle can't help but press down, which is easy to drive a hero car and a "quarrel car". In particular, drunk drivers often deliberately show off their driving skills, and the operation is quite exaggerated and fast, but my hands and feet are slow or abnormal. When an emergency happened, I was caught off guard and caused an accident.

Third, review: Why is drunk driving prohibited?

Compared with relevant foreign laws and regulations, China's punishment is still relatively light.

(A) the infiltration of traditional wine culture. Drinking is one of the traditional cultures in China. Since ancient times, there has been a saying that "no wine, no table". During the Chinese New Year, when friends and relatives get together, wine is essential. No matter when people are sad or happy, they are willing to express their feelings through wine. There are countless allusions and poems about drinking from ancient times to the present, such as Song Wu's "Beating a tiger while getting drunk and beating a golden branch" ... "A thousand cups of intimate friends are not drunk" "No wine makes people drunk" and "Du Kang is the only way to relieve their worries" ... In modern times, especially with the development of modern commerce and the increase of people's social occasions, drinking has become inevitable, and it is necessary to take a sip regardless of major issues.

(2) The illegal cost of drunk driving is too low, and the law enforcement management cost of drunk driving is high. On the one hand, according to the provisions of the Road Traffic Safety Law, drunk driving and drunk driving are respectively fined and suspended driving license, with a maximum fine of 2,000 yuan and administrative detention. The legal consequences borne by offenders are obviously much less than the harm caused to road traffic safety. On the other hand, the police force of the traffic control department can not realize the dynamic supervision of drunk driving, and the management means rely on road investigation, which generally leads to the phenomenon of more centralized rectification and less long-term management. If the traffic police find that the driver is suspected of drunk driving on duty, they can only be punished according to law after repeated testing and confirmation by the driver. The procedure is too complicated, the testing instruments are expensive, and the actual number of grass-roots units is insufficient, which leads to the low enthusiasm of law enforcement personnel and restricts the management efficiency.

(3) "Don't drive after drinking" lacks social condemnation. Due to the influence of traditional wine culture, the public has not paid enough attention to the harm of drunk driving. Public opinion and society have not yet formed a public opinion atmosphere of "don't drive after drinking, don't drink and drive". On the contrary, to a certain extent, it has adopted a tacit attitude towards drunk driving, which makes this kind of "social nuisance" behavior not be encircled and denounced by public opinion objectively, but gradually drift away from "social nuisance".

(4) the influence of living habits. Modern people want to sleep more in the morning because of their nine-to-seven work habits and social activities. Their lunch break and leisure time are too short to "dig wells", so they can move freely at night. So people spend most of their time drinking and partying at night, which leads to a sharp increase in the number of drunk drivers and the corresponding accidents at night, reaching the highest at 20-2 1 in the evening.

(5) Driven by luck and vanity. Drivers know that drunk driving is very dangerous, but out of luck and vanity of "not so unlucky", they still take the risk of drunk driving. "It's a big deal to catch a fine." In short, under the influence of many reasons, if drivers lack professional ethics and moral self-discipline, it is easy to have drunk driving violations.

4. Controversy: What should be the crime of drunk driving and causing traffic accidents?

Regarding the nature of traffic accidents caused by drunk driving, it can be said that different people have different opinions. In judicial practice, there are also completely different practices. The author believes that when determining the nature of traffic accidents caused by drunk driving, we should distinguish the situations and treat them differently.

1. Drunk driving constitutes a traffic accident crime. This is the most common and universal cognition. According to the provisions of China's current criminal law and relevant judicial interpretations, if a driver drives a motor vehicle after drinking alcohol and causes a traffic accident, causing more than one person to be seriously injured, and bears all or the main responsibility for the accident, or if a driver drives a motor vehicle after drinking alcohol and escapes after the accident, and the victim is disabled or killed because he is not treated in time, he shall be convicted and punished for the crime of traffic accident.

2. Drunk driving constitutes the crime of intentional injury or intentional homicide. According to China's current criminal law and relevant judicial interpretations, if a driver hides or abandons the victim in order to avoid legal investigation after a traffic accident, resulting in the victim's death or serious disability without assistance, he shall be convicted and punished according to the crime of intentional homicide or intentional injury respectively. This is the transformation of intentional homicide and intentional injury.

3. Drunk driving constitutes a crime of endangering public safety in a dangerous way. For example, Shaomou, a driver of Wenshang County, drunk and drove, and hit 7 people in the bustling section of the county, causing 4 deaths and 3 injuries. Does Shao's behavior constitute a crime of causing traffic accidents or endangering public safety in a dangerous way? The author believes that drunk driving and deliberately racing may infringe on the life and property safety of unspecified majority, while ignoring the safety of others will lead to bad social consequences, which is subjective and indirect, and constitutes a crime of endangering public safety by dangerous means, not a traffic accident crime. Because the main difference between the crime of causing traffic accidents and the crime of endangering public safety by dangerous means lies in the subjective and objective elements of the crime, that is, the subjective aspect of the crime of the former is negligence, and the object is the normal order and safety of transportation; The subjective aspect of the latter crime is intention, and the object is public safety, which is more harmful to society than the crime of causing traffic accidents. Therefore, the statutory penalty for the crime of endangering public safety by dangerous means is heavier than the crime of causing traffic accidents, and the highest penalty is death.

Verb (abbreviation for verb) treatment: how to prevent and reduce drunk driving?

(1) Improve the management legislation of liquor industry. First, we should learn from the management legislation of the tobacco industry and force the words "drinking is harmful to safety" to be printed on the outer packaging of alcoholic beverages and wine bottles to warn the public to drive after drinking. Second, it is necessary to improve the legislation on official reception, and it is mandatory that civil servants should not drink alcohol or drivers should not drink alcohol during reception activities, thus blocking bus drunk driving. At the same time, it is necessary to take "no drinking" as a disciplinary requirement in official reception activities and establish a new style of official reception.

(2) The illegal cost of drunk driving makes it "a drop of wine, a drop of blood". One is the conviction of drunk driving, that is, in the revision of criminal legislation, it is increased that once a motor vehicle is driven by drinking alcohol, whether it causes significant damage or not, it will constitute a crime as a whole, thus increasing the criminal cost of drunk driving. The second is to increase the legal responsibility of motor vehicle drivers for drunk driving and resolutely implement "zero tolerance" and "zero release" for drunk driving. If it is stipulated, those who are convicted of drunk driving for the first time will be given the punishment of temporary suspension of driving license and fine, and the second time will be given the punishment of life-long driving ban, so as to increase the illegal cost of drunk driving. Third, it is stipulated that in the case of traffic accidents caused by drunk driving, the insurance company will not compensate according to the practice of driving without a license or driving vehicles that do not meet the safety requirements, so as to avoid or reduce the compensation of the insurance company. In addition, it can also be stipulated that the proportion of damages for drunk driving by traffic offenders should be increased, and those who know how to persuade alcohol should be jointly and severally liable.

(3) Strengthen traffic safety publicity and improve drivers' awareness of prevention. The government should bring "don't drive after drinking" into the category of civic moral construction. Advocate a correct view of drinking in the whole society, guide the public to establish the consciousness of "don't drive after drinking", and widely publicize the great harm of drunk driving in various forms, such as posting warning posters and signs at the source places-hotels, restaurants, etc. , and remind and warn passing drivers at any time on both sides of the road; Through radio, television, newspapers and other news media, we will regularly broadcast public service advertisements and send short messages to create a good atmosphere in the whole society.

(four) adhere to the policy of strengthening the police through science and technology, and use scientific and technological means to prevent drunk driving. Grassroots traffic police brigades and squadrons are generally equipped with alcohol testers, and police officers on duty should carry them with them and use them correctly. Randomly test suspects at any time, use modern scientific instruments to prove whether drivers drink alcohol, speak with facts and speak with data, so as to convince them and enhance the scientific nature of law enforcement. At the same time, encourage and support automobile manufacturers to develop drunk driving prevention devices, attach importance to and strengthen the research and application of human alcohol content detection technology, and develop new products with simple application and high accuracy for law enforcement departments to use.

(5) Analyze and master the law of drunk driving, and strengthen the management of drunk driving. Learn from the advanced experience of some developed countries in controlling drunk driving, such as: hotels, hotels and other places are equipped with alcohol testers to facilitate drivers to test themselves before driving; In particular, it is necessary to strictly check the vehicles leaving the hotel after meals. At the same time, according to the high probability of male drivers drinking, young male drivers are regarded as the focus of drunk driving behavior management. Increase the punishment for recidivists; Set a lower limit for young drivers or people who have just obtained a driver's license. Combined with the reality of China, we constantly explore new management methods to prevent drunk driving.

(6) Set up random correction points for drunk driving, and severely punish drunk driving and drunk driving according to law. Set up random monitoring points and sober-up points for drunk driving, and severely punish drunk driving and drunk driving personnel who are investigated according to law. Drivers who are found drunk or drunk shall immediately stop their illegal activities and be released only after they are awake at the set correction point, and shall not be released after a simple fine. Distinguish between drunk driving and drunk driving. According to the provisions of the Road Traffic Safety Law, the resolute detention of the detention and the resolute suspension and revocation of the temporary suspension or revocation of the driver's license have formed a management situation of strict management and heavy punishment.

(seven) to give liquor operators social responsibility, and actively carry out the "driving" service to provide protection for the prohibition of drunk driving. To set the obligation of informing producers and sellers, liquor producers must mark the warning of "no driving after drinking" on the packaging of all their liquor products. When selling alcoholic products, liquor sellers should take the initiative to inform drivers not to drink and drive. Set up eye-catching warning signs of "no driving after drinking" in public places and parking lots where alcoholic products are sold. Advocate and support alcohol sellers to provide drunk driving services, and formulate relevant legal systems to regulate such services as soon as possible, and clarify the rights and obligations of service providers and clients, as well as the relief channels in case of disputes. The relevant departments shall urge the sellers to fulfill their driving service obligations and strengthen the training management and market supervision of driving practitioners.

Precautions:

1 See Analysis: Drunk Driving in China, published in Road Traffic, No.4, 2007.

2 Wang Changtie: "Cure drunk driving violations, treat both the symptoms and the root causes", published in Road Traffic, No.8, 2007.

3 "Drivers should be sentenced for disputes in vicious traffic accidents caused by drunk driving", see Qilu Evening News on March 7, 2002.

4 See Wang Changtie: "Cure illegal drunk driving, treat both the symptoms and the root causes", published in Road Traffic, No.8, 2007.