Several Research Questions "Drunk Driving Type " Dangerous Driving Probation

Incrimination before the crime of dangerous driving, academics and practitioners should not have to incriminate them had a heated debate. Incrimination before the crime of dangerous driving, academics and practitioners should not have to incriminate them had a heated debate. After China’s "Criminal Law Amendment (eight)," the official crime of dangerous driving will be included to adjust the scope of the criminal law, so that this controversy subsided. But the crime of dangerous driving in the implementation process, inevitably there are some problems, for which the Supreme Court in early 2014 introduced the corresponding judicial interpretation, get rid of some of the controversial issues, but in practice there are still unresolved type of drunk driving dangerous driving probation terms doubts. In practice, no danger of drunk driving, driving offenses should be applied and how it should apply to probation problem still has contested, while the emergence of different regions of the same or similar acts of drunk driving after the crime, there a big difference in terms of probation phenomenon. There are a lot of people do not agree on probation, or that should not be premature to emphasize Probation. Of course, the reason for this debate is multifaceted, first of all, the new regulations for the offense in practice the lack of appropriate experience, unable to grasp the scale of sentencing, but was unable to determine whether the application of probation. Secondly, the influence from public opinion, but also to wear a pair of suitable probation shackles. But in terms of the legislation and criminal policy point of view, the offense probation is the proper meaning. By examining the provisions of foreign countries and China’s Hong Kong crime of dangerous driving, we can see that many countries have regulations on drunk driving behavior of a more severe criminal penalties, but did not exclude these countries or regions probation for drunk driving behavior apply. Therefore, the "drunk driving type" crime of dangerous driving probation is consistent with the legislative intent is also to meet the requirements of the situation of combining punishment with leniency policy. In the clear "drunk driving type" crime of dangerous driving probation when applicable, should be further discussion on how to regulate the application of probation, can achieve the purpose of punishment, but also to prevent abuse of probation. Should first scientific sentencing the defendant from the alcohol content in the body, whether harmful consequences as well as other aspects of the attitude of the defendant’s guilty plea and sentencing accurate, then the defendant comply with probation conditions for probation, to avoid the appearance of abuse of probation. In addition, you can examine the contents of probation perfect way to ensure the application of probation to achieve the intended purpose.