Investigation Report Of Dangerous Driving Cases In Nanhai District, Foshan City

Driving under influence (DUI) and flagrant racing act had been added into the Criminal Law on whichthe Criminal Law Amendment (VIII) was passed at the nineteenth session of the Standing Committee of theEleventh National People’s Congress on February25th,2011. This is the legislative actions responding tothe drunken driving and drag racing which have caused heavy casualties in traffic accidents and severesocial impacts.There is no clear judicial interpretation as these kinds of acts in definition raised fromadministrative act to now criminal behavior only in such a short time. Lacking universalstandards on the conviction and sentencing, the judiciaries in the country are at theirexploratory stage, and to some extent chaos has been caused in practice.This essay samples all the dangerous driving cases happened in Nanhai District, FoshanCity, Guangdong Province during the period from May1st,2011to May30th,2012(all thecases are dangerous drunken driving excluding the flagrant racing act). It also summarizesand analyses the overall situation, current procedures in practice and the applicability ofsubstantive laws and gives consummate suggestions. The essay is divided into three parts; thebasic content is as following:Part ⅠSummarizes the situations and characteristics of dangerous driving cases happened inNanhai District, Foshan City, Guangdong Province. By analyzing the data of dangerousdriving cases in the area during May1st,2011and30th May,2012, it briefly generalizes theregional survey, and the number, location, the reasons of seizure, occupations of the criminalsubjects, and the types of applicable enforcement measures and verdicts in the area eachmonth. These help laying a solid foundation for the analysis of problems existing in theapplication of the procedures and law, and making appropriate suggestions for improvement.Part ⅡFor handling the dangerous driving cases, there are no judicial interpretation orreferences working as guidance to the program, which the grass-root procuratorates encounterproblems of the applicability of law and procedures during investigation. On the applicabilityof procedures, compulsory measures are taken. The executive departments prefer applyingdetention rather than guaranteed pending trial; it is relatively mechanical on the criteria ofdrunkenness according to the laws that no adjuvant measures can be taken which adds difficulties in collecting the suspects’ drunken evidence. When it comes to the applicability oflaw, it is contrast to the Article13of the Criminal Law, such as the concurrence with trafficviolations; and how to judge the measurement of giving up, overnight drunk driving,recognition of motor vehicle, protection of the rights and interests of the victims andmeeasurements adopted by the verdict and the final judgments.Part III:The author aims at the procedural and judicial applicability of the dangerous drivingcases. On improving the judicial implement, several suggestions have been given includingintensifying punishment and establishing the normalized system of investigation. The authoralso interpret that adding the restrictions of circumstances on drunken driving into theCriminal Law from the angle of legislation and judicial interpretations in order to furtherstandardize the procedure of the investigation on these cases; that standardize circumstancesof sentencing and attach importance to probation; formulate implementing rules to bring intodangerous driving violations acts like drug driving and driving after taking neurochemicaldrugs; place importance to the priority of establishing social policies, and pay attention to theconstruction of other social supporting systems while fighting against drunken driving.