On the New Standard for Motor Vehicles Regarding the Crime of Dangerous Driving Under the Influence of Alcohol Under the New Regulations on"Drunken Driving"
The New Regulations on"Drunken Driving"will effectively solve the problem that the scope of punishment regarding the crime of dangerous driving under the influence of alcohol is too broad,but Article 5 continues the standpoint of the previous interpretations in terms of the explanation of motor vehicles,thus the continual of an old issue requires a new solution.The approaching era of electric vehicles brings gradual challenges to the technical standard for motor vehicles formed on basis of technological attribute in the era of internal combustion engine vehicles,thus the shortcomings of the traditional standard are progressively emerging and the invocation of such standard will inevitably lead to chaos in the criminal punishment of drunken driving.Behind this is that China is forming a set of normative standard for motor vehicles focused on normative attribute.In terms of form,these two sets of standards are not lack of corresponding normative foundation,but the scopes of motor vehicles determined by them are not entirely consistent and essentially they are in a substitutional relationship.It is necessary to align the standard of China for determining motor vehicles with the development trend of the era of electric vehicles,under the influence of factors that the administrative authority holds prudent standpoint of managing electric vehicles as motor vehicles,and the society generally holds the traditional knowledge that electrical vehicles are not motor vehicles,and the extensive criminal punishment of unlawful conducts should be limited,closely follow the steps of the era to promote the upgrading of the standard of China for determining motor vehicles,replace traditional technical standard with normative standard,and further limit the scope of such crime.
Motor VehiclesNon-motor VehicleThe Crime of Dangerous DrivingOpen Constituent Elements
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