"Drunk Driving" Under The Guide Of The Theory Of Tempering Justice With Mercy Policy Law Regulation Problem

In recent years, the tragedy caused by drunken driving tragedy spells,"drunken driving accidents"intensified. In such a situation, the latest enacted the law of the People’s Republic of China criminal lawamendment (eight)"drunk driving behavior for the regulation, the drunken driving behavior into theadjustment scope of criminal law. With the implement of "drunk driving into the punishment", although"drunk driving accident" get a degree of containment, However, as the latest enacted law, the system ofrelated regulations also need to accept the test of social practice, still need to check leak fill a vacancy inthe social practice. In addition, implemented on January1,2013of "road safety law of the People’sRepublic of China" regulation:"Major traffic accident after drinking or drunk driving motor vehicle if acrime is constituted; drunk driving motor vehicle or operating a motor vehicle driving after drinking isrevoked according to law under the motor vehicle driving license for five years, drunk driving operating amotor vehicle under the motor vehicle driving license have been revoked in accordance with the law ofdecade, shall not apply for motor vehicle driving license." As a result, the problem of drunk driving onceagain into the spotlight as never before. This article is based on the combination of criminal policy oftempering justice with mercy, the paper expounds the relationship between tempering justice with mercypolicy and regulations on drunk driving, further discussed the current related "drunk driving" defects of thelegal system, then puts forward the criminal policy of combining with the management integration of drunkdriving point of view. At the same time, aiming at the problems existing in the practice, and put forward itsown views and opinions.Based on the criminal policy of tempering justice with mercy as the basic starting point, the currentpopular for a period of time of drunk driving into the crime problems are compared. This article is dividedinto three parts: the first chapter focuses on under the criminal policy of tempering justice with mercydrunk driving problems. From the theoretical level briefly illustrates the criminal policy of temperingjustice with mercy policy orientation and the basic connotation, analyzes the relationship between drunkdriving and between the criminal policy of tempering justice with mercy, and the criminal policy ofcombining in the reflection of the current legal system of drunk driving. Because of the criminal law theoryand judicial practice, emphasis of the interpretation of the criminal policy of tempering justice with mercy is different. The first part of this article is combined with the basic connotation of tempering justice withmercy policy, analyzes its with drunk driving into the relationship between sin and the sin, for drunkdriving without below further governance problems such as the guidance of tempering justice with mercypolicy made full preparation. The second part of this article introduces the existing in the current law aboutdrunk driving system of defects and deficiencies, separately from the legislative and judicial two aspects,points out that drunk driving single law in legislative system of sentencing standards, not to distinguish theseverity of the plot; Place for drunk driving behavior has certain limitation on regulations; Criminalpenalties for drunk driving behavior of incongruity. At the same time, in the judicial practice, due to thelegislation about drunk driving does not distinguish between time, factors such as limit, only simplemachines to make the provisions of regulation, caused in the process of investigate drunk driving, not easyto grasp the exact criteria of drunk driving, increasing the difficulty of law enforcement and case handling,as well as lack of flexibility. In addition, the legal provisions stipulated in the specific circumstances ofdrunk driving is not too fine, may cause penalty range is too big, there is heavy, too. The author thinks that,the above problems are needed in the later legislation activities and solved in the judicial practice andperfect further. Through the first part and second part of the demonstration analysis, the third part of thearticle is put forward in the process of driving drunken crime to further carry out the policy of temperingjustice with mercy. For legislation and judicial practice about drunken driving law system of thedeficiencies and defects, this paper argues that under the guidance of tempering justice with mercy policy,clear provisions sentencing standards; distinguish between the seriousness of drunk driving the plot. At thesame time, must be penalties for drunk driving the dualistic structure of stick to and perfect. For there is noactual damage consequences of slightly drunk driving situations, mainly relying on administrativepunishment to alert their drunken drivers by means of the punishment of the sex education. To have causedserious consequences of drunk driving accident, should perfect the evaluation function of criminal law,shall be given heavier punishment strictly, to safeguard social public safety, guarantee the lawful rights andinterests of citizens. Finally, from the diversity of social power, and establish and improve the lawenforcement mechanism and rely on modern high-tech means, etc, put forward some legal countermeasuresof preventing drunk driving.