Economic Analysis Of Law On Drunk Driving Penalty System In China

In recent years, with the rapid development of our country’s economy and society,the amounts of vehicle also increase rapidly, and the resulting phenomenon of drunkdriving accident playing more and more intense, causing great concern in society, manypeople in the community attend a heated debate on how to further punish drunk drivingunlawful act. From Law and Economics perspective, this article tries to put drunk drivingpenalty system into the economic society, use Law and Economics analytical method toinspect drunk driving penalty system, in order to give advice to provide some usefulreference on the changes of drunk driving penalty system.The first section briefly describes the definition of drunk driving standards and harm,review the development of drunk driving penalty system in our country, and investigatesdrunk driving penalties in some developed countries, described the significance of usingLaw and Economics analytical method to analyze the drunk driving penalty system.The second part describes the nature of law and economics and research methods,explaining the significance of analyzing drunk driving penalty system by Law andEconomics’ methods.The second part from the perspective of Law and Economics, analyses the design ofthe penalties for drunk driving, describes the functional orientation on the preventionand punishment of drunk driving penalty system, and the basic principles of systemdesign, labor the fairness and efficiency of drunk driving penalty system, that makereaders get a further understanding on the rationality in system designing of drunkdriving penalty system in our country.The third part uses Law and Economics cost-effective theory, from administrativepenalties and criminal penalties two direction, gives drunk driving penalty system a comprehensive and detailed analysis, pointing out that our current drunk drivingpenalties cost much but low defects, particularly in: the administrative punishment costmuch, but the discovery rate on drunk driving offense is very low, and the judicial cost ofcriminal penalties is still high, but the deterrent effect is poor and executive difficulty isgreat.The last section focuses on recommendations to give further optimization for drunkdriving penalty system from reducing costs and improving efficiency, propose thatshould make use of legal, administrative and economic means to increase the cost ofillegal, explicit charges, citing judicial precedents save costs, simplify reduce the cost ofenforcement procedures etc., reduce the drunk driving penalty system for operating costs,and strengthen the law enforcement supervision, the accountability of the main socialsupervision, and improve operating efficiency of drunk driving penalties. All of that mayprovide the ideas and patterns of reference for our drunk driving penalty system changes.