Investigate And Deal With Motor Vehicle Drunk Driving Crime Confused And Countermeasures

Since the birth of motor vehicle becomes people to travel daily traffic tools, along with the behavior of motor vehicle crime has become a social problem. With the increasing of motor vehicle quantities, motor vehicle illegal crime is amounts in real life, for the average traffic illegal behavior is the law of the People’s Republic of road traffic safety law of the People’s Republic punishment law and public security of the People’s Republic of China on road traffic safety implementation regulations and other laws and regulations for standard and adjustment, at present, although for the area of different, everywhere in execution, but there is a certain difference in general traffic and basically made it illegal to national unity.In recent years, motor vehicle crime is rising sharply, especially the potential of the wine of the phenomenon of causing traffic in the production of large Numbers of the country, effectively drunk causing traffic behavior, taking appropriate measures to get along, blow respectively traffice offences, intentional harm blame, in a dangerous means to endanger public security sin and charged for put on record to Sue, finally, reconnaissance in actual of sentencing and punish the effect is not consistent. In2009SunWeiMing drunk driving, chengdu after the national has happened again several drunk driving causing traffic accident loss, is more and more serious, the media hype after the pernicious influence of accident constantly fermentation amplifier, social groups and law jointly promote the legislature formed the amendments to the criminal law of the People’s Republic of China (8)", make drunk driving traffic crime had a more specific and legal basis.The problem is the law of the People’s Republic of criminal law amendment (8), since the implementation of formal, because all localities and departments to law enforcement of law articles legislative intent, judicial scale understanding is endless and same, lead to the criminal suspect in the original investigation, the crime and the sin of the determination, to Sue the docking, judicial organs for drunk driving real social crime to determine the damage there exist certain differences, thus lead to the ultimate punishment shall be investigated for differences, especially in the same administrative area, the components of the illegal behavior is similar, but the reason for the difference in the more, even if the result is the province (or law enforcement) personnel judicial out of personal nature of the law of the spirit of the different understanding, but most likely by a few individuals provide personal comments play Spaces, confusion of society, audio-visual initiate people to the weakening of the trust of law, such as not to standardize and unity, let the free development of the law system, easy cause great disorder.This paper is based on socialism government by law basic spirit, interception in recent years especially in China in recent motor vehicle wine and some typical cases, analyzing the phenomenon of the differences, and put forward Suggestions on the exploration of the rule of law, and promote socialist the sustainable and healthy, active and steady development.Speaking specifically, in the current legal system, within the framework set up drunk driving motor vehicle crime constitutive requirements of detail the humanized quantified standard, embodied in the specific law enforcement in the judicial act rather than punishment results using, as far as possible to avoid the regional difference and law enforcers for different emotional factors, personal likes and dislikes and appear sentencing the contrast with conviction, standard of sentencing behavior interpretation "legal punishment","everyone is equal before the law" and so on the spirit of the rule.