Reflections On The Drunk-driving Into The Criminal Justice

Drunk-driving refers to the behavior of driving after drinking. Prior to May1st2011, the legal mode of regulating intoxicated driving in the nation had been a dual-system system, namely regulation and punishment in accordance with related administrative rules and regulations under specific circumstances of drunken driving behavior. On May1st,2011, the entry into force of Amendments to the Criminal Code VIII marks "drunk driving into the sentence" formalized and comprehensive implementation. The22nd article stipulates that a clause is added to the Penal Code article122th as an additional one, whose content is that drunken driving motor vehicles on the road, in prison, and fines."Drunk driving into torture" raises substantive disputes and Public security, procuratorial and court disagree with each other."Drunk driving into the sentence" add huge burden to investigation of cases by public security organs, procuratorial organs on "drunk driving" investigation and prosecution work of the offence of dangerous driving was difficult to grasp the prosecution and not vs standard and Accurate embarrassment of sentencing recommendations. Therefore, drunk driving should not be in the criminal. The reasons are listed as follows."Drunk driving into the sentence" runs counter to the principles of the restraining criminal law."Drunk driving into the criminal" is far apart from the logical relations of criminal law. Realistic conditions are unbearable to "drunk driving into torture". So we should change in legislation. As the133th, one of the first criminal law amended should be changed into Drunken driving a motor vehicle on a road if the circumstances are serious, in prison, and fines. On the basis of changes in legislation, it can be developed through judicial interpretation of "drunk driving" offence of dangerous driving conviction standard and crystallize sentencing circumstance.