Research On Procedural Problems In The Crime Of Dangerous Driving

Besides the introduction, there are three parts in this thesis.The first part is the empirical studies on cases of Dangerous Driving. Such empiricalmaterials include judgments, questionnaires and interviews with Judges or Prosecutors. Byanalyzing the judgments, the author describes “what the practice is in cases of DangerousDriving”. By analyzing questionnaires and interviews, the author learns the viewpoints of thepractitioners. Having studied the application of detention, bailment, custody, residentialsurveillance in the pre-trial stage, the author find that “No Custody (or Short-term Custody)”,“Court Custody”,“Always in Custody” are three main ways of dealing with these cases.Having studied application the procedure of the first instance, the probation and themandatory measures during the appeal period, the author also find that firstly simplifiedprocedure is not always applied to the first instance, secondly there are huge differences inprobation applied among different places, and thirdly the mandatory measures applied duringthe appeal period are orderless. Moreover, the statistical studying of the time-consuming forhanding Dangerous Driving demonstrates that “Always in Custody” cases consume much lesstime, while other cases are tend to be delayed. According to the questionnaires andinterviews, the author concludes that the practitioners are always confused and ambivalentwhile dealing with the cases of Dangerous Driving.The second part analysis existing problems and provide provisional countermeasures.Based on the research in the first part, there are two main problems. Firstly, extended andillegal custodies are existing in some cases. Secondly, the period of handling the “Always inCustody” cases is constrained, while the period of handling other cases has always beendelayed. The main causes for these problems are listed below: the lack awareness of the rightprotection, the defect in the mandatory measures, the inadequate anticipation of criminalprocedure costs, the improper procedure in cases of Dangerous Driving. Considered thedifficulties of resolving these problems in the short term, there are four other provisionalcountermeasures. Firstly, strengthen the awareness of right protection, in order to reduceviolations of the law. Secondly, increase the frequency of applying bail, in order to cut therate of custody. Thirdly, narrow the difference in probation applied among different places, inorder to improve its suitability. Fourthly, designate special-persons handing system, in orderto shorten handing period. The third part is a further research of improving the procedure of handing Micro-crimes.To solve the problems discovered in the empirical studies in the context of actual situation,the Micro-crimes procedure should be improved with two objectives, that is to build ahigh-way to handing Micro-crimes, as well as to protect the rights of the defendants. Twomethods are recommended to achieve these goals, such that limits the period for handing aMicro-crime, and improve mandatory measures. The former limits the procedure period of“Always in Custody” cases and other cases. The latter adjust the custody measures and reviseits alternatives.