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A Case Analysis Of "the Sun Weiming Drunk Driving Case"

Posted on:2012-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z N ZhangFull Text:PDF
GTID:2166330335969844Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
When it comes to academic studies on drunken driving accidents, the Sun Weiming case is typically chosen for analysis. This particular case aroused strong concerns from people of all walks of life, and once occupying the headlines of all major media. The conviction and sentencing of the case as well as civil compensation relating to the case have no doubt sparked off a great deal of controversy. As a lawyer, carrying out a penetrating, comprehensive study of the case from an academic point of view will have a new particular significance for studies on drunk driving.The author begins by giving a general summary of the case under study. Here, the author carries out an intensive, detailed analysis of the main legal disputes relating to the legal proceedings of the case. The points at issue of this legal dispute are listed here (in order):legal discretion and the making of laws; buying one's way out or showing sincere penitence; the media's influence and judicial independence. Regarding this dispute, the author carries out a thorough analysis and discussion of the case, and finally methodically puts forward his views. Then, the first- and second-sentencing and their respective verdicts are given a carefully worked-out, in-depth analysis, again. from an academic perspective. The legislation currently in effect and present regulations related to drunk driving are studied comparatively against those of other countries. From this comparison, the author identifies shortcomings in the existing legislation of our country. Based on these findings, he proposes adequate countermeasures. Drawing from "The Road Traffic Safety Act," "The Criminal Act," and looking at the case from executive, legislative, and institutional perspectives, the author proposes systematic legal countermeasures.The author also does some exploratory thinking about the development of China's driving culture against the backdrop of China's traditional drinking culture. He also ponders whether there is still a way to realize China's driving culture despite the importance of drinking in Chinese culture. By doing a thorough analysis of drunk drivers'consciousness, the author strives to find, from a deeper level, reasons that might explain such behavior, and, at the same time, find a way to resolve the root causes of such social problems. Drunk driving car accident, as China entered a long era of the hot issues difficult to resolve, as the disturbed the general public in everyday life must be addressed.Sun weiming drunk driving case by the analysis and thinking test, the author seeks to explore the legal aspects of the way to solve this problem. And the wine culture in China and foster public awareness of healthy subtle put forward their point of view. I hope the new wine culture and public awareness of the rising of healthy subtle, to avoid the high incidence of drunk driving accident cases of the social effects.
Keywords/Search Tags:Sun Weiming case, drunk driving accidents, verdict, legal countermeasures
PDF Full Text Request
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