The Research Of Probation Of Drunk Driving Crime

Since the "Criminal Law Amendment (VIII)" will be included in the CriminalCode of drunken driving behavior regulation range,the crime both in theory and inpractice all sectors have become the focus of attention.Especially in practice,becausethe behavior of drunken driving characteristics combined with its own lighterpunishment,it quickly became one of the most common court on charges ofprobation.But because this is a new type of crime criminal act,conviction andsentencing of the class of crimes court is still in the exploratory stage,in particulartrial,there have been many problems.Courts across the country on the differencebetween probation and standards applicable to the proportion of the larger crime,isone of the more prominent issues.The author attempts to use empirical research andlegal analysis of a combination of methods,on an area of the crime of dangerousdriving drunk type of probation applicable in-depth study,applicable to the actualsituation of the probation sin has an intuitive knowledge and understanding,So as toregulate our court probation reasonable and feasible recommendations on theapplication of this sin.In this paper,besides introduction and conclusion, the text is divided into threeparts:The first part is that investigate type of drunken driving in a dangerous area ofthe crime of probation empirically.by partial sampling and complete sampling methodof combining drunk driving probation applicable to the region to conduct samplecollection,the data collected is modeled,to chart the way with the case,statisticalanalysis of the specific ratio of the area of drunk driving probation and drunk drivingprobation applicable considerations meanwhile analysts pointed out that the region interms of probation for drunk driving problem. The second part is that analysis why drunken driving probation become one ofthe most common charges applicable to our country currently,discussion and analysisfrom four aspects of its rationality.Perspective and specific reasons are:drunkdriving behavior not that much harmful to society and human behavior dangerousnessrelatively low;drunk driving probation compliance with the criminal policy ofcombining punishment with leniency;drunk driving, drunk driving probation can easeinto the theory and practice of conflict of sin;people will not have a big conflict withthe sentiments against drunk driving probation.The third part is that by foregoing probation for drunk driving statistics andanalysis,try to make useful suggestions on judicial probation applicable type ofdrunken crime of dangerous driving.First the proportion of drunk driving should beexpanded to apply to probation,and explains the reasons.Secondly, the specificcombination of conditions of probation in the form and substance of the applicableconditions,drunk driving probation on how to regulate the applicable considerationsput forward their own views,probation and to apply this crime made specific judicialopinions.Finally, the content may be involved in drunk driving probation applicableprohibition order accordingly exploration.