Reflection Of Jurisprudence On The Debate Between Cautious Punishment And Sever Punishment Of Drunk Driving

In recent years,drunken driving has been happened frequently in China.It notonly has caused abominable social consequence,and also got a lot of publicity fromthe community.So the Eighth Criminal law Amendment approved the act as a crime inFebruary25th2011.But the Supreme People’Court Deputy Party secretary,the VicePresident zhang jun in the national court criminal trial work of the forum pointed outthat we should correctly grasp the elements of the crime of dangerous driving.Weshould not only understand the provisions of the criminal law amendment from themeaning that as long as the standard to drunk driving a motor vehicle,it willconstitude a criminal offence.We should combine with the revised law of the roadtraffic safety after corrected.The Vice President zhang jun’s opinion which after themedia reported soon aroused great repercussions and controversy of thepublic.Whether drunk driving should be the punishment or not,the social from allwalks of life have different perspectives.Even the relevant judicial’s attitude is alsoat odds.But despite all the appearance,this dispute essence actually is the gamebetween the formal rule of law and the substantial rule of law.The core concept of theformal rule of law is the rule of law is the rule of the law,not the rule of the human.Aslong as the law be strictly implemented is the rule of law,and no matter what theyare.The substantial rule of law emphasizes the legitimacy of the rule of law,is thepursuit of substantive justice.The formal rule of law and the substantive rule of lawhave merit.But both of them just like fish and bear’paw can’t be got in the sametime.The formal rule of law who emphasis on “formal rule of law is supreme” due tostrictly abide by and enforce the laws and ignore the realization of justice in somecases inevitablely. The substantive rule of law who put the substantial justice on thefirst also often can not be done in the form of “abide by the laws strictly”owning tothe unilateral pursuit of fairness and justice.But if you have a choice between thetwo,considering the present situation of the rule of the law in China,the formal rule oflaw is selected.If we want to realize the formal of the law in contemporaryChina,mainly from the four levels of legislation，law enforcement，judicial,and lawkeeping to implement one by one.In the legislation,we should improve the legalsystem,maintain the authority of law to ensure laws to be abided by.In the lawenforcement,we should adhere to strictly law enforce,cultivate the procedural justice to ensure strictly in enforcing the law.In the judicial,we should insisit on judicialindependence,establish an orderly society to ensure violation of law must beprosecuted.In the law keeping,we should strengthen civil awareness of the rulesgradually.Establish the legal belief,and ensure that the laws are strictly observed.