On April 22, a serious traffic accident on a highway in east China’s Jiangsu Province caused the deaths of 13 passengers. The driver responsible for the accident had a deadly addictive stimulant drug called “ice” in his system. On May 26, another drug-related crash in Hangzhou, east China’s Zhejiang Province, left two dead and one injured.
　　According to the Chinese Ministry of Public Security, new types of drugs are spreading fast around China. Many drug addicts currently possess driving licenses. Between March and May, 692 bus drivers were found using drugs and were suspended from their jobs. The ministry suggests that drug driving should be covered in the Criminal Law.
　　With the increasing harm caused by “drug driving,” it seems this widely-recognized problem should be made a crime. However, some scholars in the law field think further research into the issue should be started as soon as possible to determine whether drug driving should be covered by the Criminal Law. The following are excerpts of some opinions.
　　Taking the hard line
　　Liu Yingtuan (Hainan Daily): According to the current traffic law of China, consuming drugs or alcohol before driving is forbidden, yet there are no explicit guidelines on how to punish drug driving.
　　If drivers are caught using drugs while operating a vehicle, they will be punished in accordance with the Law on Narcotics Control whether or not they caused any accidents, but penalties are light. Only when drivers have caused very serious consequences can they be punished for a traffic accident, leaving authorities ill-equipped to warn against such dangerous driving behaviors.
　　Statistics show that China has more than 1.43 million drug addicts, with another 100,000 people getting hooked each year.
　　According to research done in Britain, drug driving is even more risky than drunk driving, as drivers’ reaction time slows by 21 percent from normal condition while under the influence of drugs, whereas in the case of drunk driving, it is 12 percent.
　　Analysis of drug driving cases shows that drivers under the influence will neglect the safety of other cars and passengers, so that the danger is increasing. The price to pay will be very high if we continue to tolerate drug driving. Driving after taking drugs should be illegal, whether or not the drug use has affected their driving ability.
　　Mao Kaiyun (www.cnhubei.com): Since May 1, 2011, China has included drunk driving in the Criminal Law. Now one year has passed, and traffic accidents resulting from drunk driving have dropped by 40 percent.
　　Recently, drug related traffic accidents are gaining in frequency. The seriousness of the issue demands more severe punishment for offenders. The Ministry of Public Security has already started researching possible actions. It’s good news that drug driving is likely to be included in the Criminal Law in the near future.
　　At present, China’s laws can only exert light punishment on drug driving and there are no detailed and explicit regulations on how to deal with the crime. It’s true that there are still many technical difficulties in administering a standard test for suspected use. However, this should not be an excuse for letting drug drivers avoid consequences. After all, the many technical problems related to drunk driving in the Criminal Law were finally resolved.
　　In order to minimize traffic accidents and prevent them from happening, drug driving should be covered by law and relevant regulations should be strictly implemented. No tolerance should be given to the dangerous act of drug driving.
　　Li Zhixian (www.cnhubei.com): Many countries have recently stepped up punishment on drug driving. In France, if a driver responsible for the death of others in traffic accidents is found to have drugs in their system at the time of an accident, he or she will be sentenced to seven years in prison and fined 100,000 euros. In Britain, drivers will be jailed for six months if discovered taking drug before going onto the road. However, in China, the Law on Road Traffic Safety only charges a fine of at most 200 yuan ($33) for drug driving.
　　In recent days we have seen more and more traffic accidents resulting from drug driving. One gruesome scene after another shows that drug driving must be covered by the Criminal Law. Some members of the Chinese People’s Political and Consultative Conference also put forward proposals on this issue in March and were highly supported by other members.
　　Shi Jie (China Youth Daily): Drugs do all kinds of harm to addicts, but driving under the influence puts innocent victims at risk as well. It’s necessary to intervene with drug driving through appropriate legal action. Moreover, as drunk driving and drag racing have already been covered in the Criminal Law, there is already a frame of reference to punish drug driving.
　　Ling Ran (www.auto.sohu.com): After drunk driving was covered in the Criminal Law, alcohol-related accidents sharply decreased. Drivers are finally held accountable when caught taking drinks before going onto the road. Alcohol paralyzes drivers’ nerves and causes them to lose control. Drugs, in any sense, will exert an even more serious impact on drivers than alcohol. Since drunk driving is already classified as a violation of the law, why isn’t drug driving included? Please don’t delay in putting even stricter controls into place against drug driving.
　　A major concern is that drug driving may not be so easily discovered or tested. Thus, we need more professional means and techniques as the basis to support the legal punishment of drug driving. Meanwhile, a series of prevention and accountability mechanisms should also play a role in covering drug driving in the Criminal Law.
　　Consideration needed
　　Feng Xie (blog.sina.com.cn): Even though drug driving is more dangerous than drunk driving, we still need to think carefully before making drug driving a crime.
　　It’s undeniable that illegal drug use affects drivers’ judgment by making them overly excited and even causing hallucinations, but seven categories of legitimate medicine can also exert a hypnotic effect. The World Health Organization has long made explicit regulations banning driving after people take these medications. Certain diseases also affect drivers’ ability to operate vehicles. There is no lack of traffic accidents due to drivers taking medications or suffering from certain diseases. If drug driving is to be covered in the Criminal Law, does it mean that the other two cases will also be covered?
　　We still need to wait and see whether drug driving will become a major problem in society in the near future. To test whether drivers have taken drugs, the techniques required are much more complicated than those involved in drunk driving, including blood and urine tests.
　　There are many ways to discourage drug driving. For example, it’s important for government departments to have drug addicts’ information and to delay or even deprive them of acquiring driving licenses. This kind of prevention can be more effective than punishing the drivers with Criminal Laws after accidents have already happened.
　　Huang Jianping (www.gmw.cn): The inclusion of drug driving in the Criminal Law is a matter of time. However, before making the decision, research and careful analysis are necessary.
　　drug driving does cause danger to the safety of people and society, but not all harmful things are suitable to be punished by the Criminal Law. Whether to punish certain behaviors with the Criminal Law depends on the extent of the damage. As the last defending line to ensure social safety and coordinate social relations, the Criminal Law should not be abused. If a problem can be solved through civil and administrative ways, it’s better not to turn to the Criminal Law. When drunk driving was first treated as a crime, there were heated debates in society. In contrast, the probability of drug driving is much lower than drunk driving and also the harm to society is not so serious.
　　It’s improper to include all drivers who have taken drugs in criminal punishment. How can you tell a driver is reduced to wandering because of taking drugs? There must be a fixed measurement.
　　At present, judging whether someone has taken drugs and how much he or she has taken requires a urine test. To do this, there must be a designated space to collect urine, as well as technical equipment and staff. However, the current technical conditions are not good enough to support the inspection. The priority is to develop convenient and effective testing equipment and techniques before drug driving is labeled as a criminal behavior.
　　We support the idea that behaviors that have caused serious harm to society should be punished with the Criminal Law, but before the punishment is practiced, there must be careful research and analysis and also supportive techniques.