Drunk Driving Criminal Problems Research

Drunk driving is a new problem in the field of criminal law in recent years, although drunk driving has already appeared, its high frequency, resulting in large losses, and now has caused widespread concern among the masses, the conviction and sentencing has become a topic of discussion by many scholars. But how should the law applicable to the specific conviction and sentencing of the defendant, to the defendant a fair and reasonable decision, the issue has not yet been resolved. Therefore, this paper based on the situation in China, with examples, contact the criminal law theory, rational learn from foreign-related research, research on drunk driving, to clarify their views, put forward the proposal meet the needs of our criminal law to the drunk driving The conviction and sentencing of the research in question, the defendant and the victim can get the most fair and most favorable ruling, maintaining social harmony.This addition to the introduction and conclusion is divided into five parts:Part I: Introduction of case. In this section introduces the December 14, 2008 in Chengdu, Sichuan Province of the Sun Weiming drunken driving case, the whole case to the first instance from the occurrence of cases to make judgments, the defendant's appeal, the second trial to make final judgments, comprehensive introduction to the cases and sentencing hearing, trial and sentencing process reflects many of the legal issues, for the following analysis of drunk driving conviction and sentencing, and the improvement of the law to make the upholstery.Part II: Conviction of drunken driving. The combination of some of the major case study above, the elements of drunken driving a crime, namely, object, objective aspect, subject, subjective, and the four constituent elements do in-depth analysis. This section also describes the dangerous means the crime of endangering public safety, the crime, crime of dangerous driving, and the three made a systematic comparison, Sun Weiming, analyzed the case of conviction to do so with different degrees of drunken driving hazards what constitutes a different offense even more clear.Part III: Sentencing of drunken driving. The combination of some of the major case study above, the Sun Weiming sentencing drunken driving case to its criminal nature of the circumstances of the crime, harmful consequences, subjective vicious, personal danger were analyzed to clarify the author point of view: the case for the Sun Weiming, although the consequences serious, but not capital punishment. Benefit from the victim, the defendant's point of view leads to justice for the criminal settlement system into the Criminal Procedure Law of the need to regulate them.Part IV: Criminal Reconciliation. This part of the case is reflected mainly based on the legal issues presented in criminal settlement system, including the significance of the criminal settlement system, the applicable conditions and how to apply. The positive result of sincere repentance and understanding of victims to obtain compensation for the defendant, or any other of its capital punishment should not be too harsh penalties, but can the system through the application of the criminal settlement with the victims and to restore the damaged social harmony, balance.Part V: The defects and improving of drunk driving criminal laws and regulations. The combination of some of the major issues in the drunk driving substantive law and procedural law to discuss the shortcomings of existing measures to improve the substantive law and procedural law has not yet taken measures to improve the analysis, put forward a sound legal advice, hope to see our law to be more human in the near future.