Drunk Driving Into Criminal Law And Regulation Theory

Whether drunk driving should be punished and how to regulate it after being punished has been a hot issue in recent years in academic circles and judicial practice circles. Since "Criminal Law Amendment(eighth)" put drunk driving into punishment, the public security and judicial authorities throughout the country have increased the strength of investigation and punishment of drunk driving behavior, and a decline in drunk driving behavior and road traffic accidents has been witnessed, effectively maintaining the social public security and safety of people’s life, health and property. An overall good social effect and legal effect has been achieved.To ensure correct and unified enforcement of law, the Supreme People’s Court the Supreme People’s Procuratorate, and the Ministry of Public Security jointly issued the “Opinions on Several Issues Concerning the Applicable Law in the Handling of Criminal Cases Related to Drunk Driving of Motor Vehicles"(hereinafter referred to as the "opinions") in 2013, which makes regulations on the concept of drunk driving and roads, plot, the quantity of crime, evidence collection etc., providing effective reference and guidance for the judicial practice. At the same time, many defects and shortcomings are exposed, which does not let the judicial personnel get rid of the confusion in understanding and implementation; especially the disparity and imbalance in sentencing standards results in the phenomenon of “different sentencing for the same case”, which goes against the original intention of criminal legislation and judicial fairness and justice. At the same time, increased investment in justice for drunk driving not only wastes a lot of judicial resources, but also is not conducive to improving the judicial efficiency, and new forms of judicial corruption are easily bred. Therefore, in order to further standardize the drunk driving behavior, through rational analysis of the current criminal law and judicial interpretation, the author theoretically analyses the foundations of putting drunk driving into criminal law based on the existing defects and shortcomings; in addition, on the basis of borrowing from overseas criminal law theory and judicial experience, the author proposes reasonable suggestions on the conviction and sentencing in order to provide support and reference for punishing and preventing drunken driving behavior, improving the theory of drunk driving type of dangerous driving crime, and solving the difficult problems in judicial practice.