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A Probe Into The Judicial Dilemma And Strategies For The Crime Of Dangerous Driving From The Perspective Of Drunk Driving

Posted on:2016-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:R T YangFull Text:PDF
GTID:2296330461984103Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years, malignant traffic accidents have taken place frequently in the nationwide and the number of cases increased year by year. The "Sun Weiming drunk driving case" and "Hangzhou drag racing crash case" has especially attracted attentive attention of the media and the public. They have caused widespread concern of the public on how to prevent and combat the malignant traffic accident behavior effectively. Under this background, the dangerous driving crime has become the "criminal law amendment (eight)". It has been three years since the implementation of dangerous driving into sin. Though it has made some achievements, there are still a lot of drunk driving cases defying the law. So there is still a long way from achieving the expected effect. The number of cases of dangerous driving crime in the judicial practice still remains at a high rate. It also has exposed many other problems.This paper mainly adopts the empirical research method and comparative research method to seek the characteristics and law of the case of crime of dangerous driving through empirical investigation of the crime of dangerous driving condition in judicial practice. This paper analyzes the judicial of dangerous driving crime cases and found out many problems of dangerous driving crime in judicial practice and the judicial dilemma. Then it explores the causes of the crime of dangerous driving in Judicial Dilemma, and then find out the strategies for dangerous driving crime in law coping.This paper is divided into four parts. The specific structure is as follows:The first part seeks the characteristics and law of the case of crime of dangerous driving through empirical investigation of the crime of dangerous driving condition in judicial practice. The second part analyzes the judicial dilemma of dangerous driving crime and found out many problems encountered in judicial practice. The third part finds out the reason for the judicial dilemma of dangerous driving crime. The fourth part proposes the way to enhance the legal punishment of the crime of dangerous driving settings and the crimes should be covered by the Supreme People’s court "standardized sentencing guidance" charges the solution.
Keywords/Search Tags:The crime of dangerous driving, Drunk driving, Sentencing balance, The crime of causing traffic casualties
PDF Full Text Request
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