Empirical Research On The Issue Of Sentencing Balance In Drunk Driving Cases

The crime of dangerous driving is a new crime in the criminal law amendment(eight), the four years since the criminal law, from the national perspective, the charges were a very large number of cases, the sentencing balanced level greatly affects the overall trial of criminal cases quality. December 18, 2013, the Supreme, Supreme Procuratorate, Ministry of Public Security jointly issued a "drunken driving on the handling of criminal cases legal advice applicable to a number of issues," but the judicial interpretation of the meaning of only drunken driving motor vehicles, in part related to conviction and sentencing issues and handling procedures makes provision.In the current judicial practice, the crime of dangerous driving still exist many urgent problems, the sentencing imbalance is particularly prominent, concentrated in different courts even with a court case is similar to the plot of cutting the amount of punishment or additional punishment scope, penalty execution difference is bigger, the unbalanced case phenomenon is obvious. The reason, judicial workers dispute whether make drunk driving into the criminal, the fight against drunk driving behavior of the public opinion callback were on the concept of sentencing impact, and the law of dangerous driving crime applicable penalty, enforcement of restrictions, the lack of standardization of sentencing, and the focus of law enforcement and the legislative idea of deviation sentencing to realize the balance of the limited everywhere. Therefore, to establish the correct value orientation sentencing is particularly necessary, insisting on justice with mercy and individualized sentencing principles, establishing the penalty system linking up with the administrative penalties, focusing on the legal and social effects of unity, in order to ensure punishment fit the crime. According to the sentencing values, to allow some circumstances of obviously minor drunk driving behavior of the crime, to establish "sentencing starting point- Benchmark punishment- Sentencing- proclaimed" punishment sentencing procedures and guidelines, to increase slightly drunk driving case for probation or exempted from punishment, sentence the principal penalty phase applicable criminal fine, build a comprehensive model of drunk driving cases and sentencing.Combining basic judicial practice, drunken type of dangerous driving in the research question and the trial of cases to handle the status of work encountered on the terms of the legal and practical point of view, the integrated use of statistical theory, to play the advantages of cross-disciplinary, where the jurisdiction of the court 375 cases of dangerous driving judgment detailed interpretation, try to make an objective and convincing sample data. According to Blood alcohol concentration of the defendant, drive type, whether resulting in personal or property damage, whether to indemnify, whether there are other violations of the Road Traffic Safety Law, the specific kinds of criminal sentences and so on, to collate and analyze sample data descriptive statistics, Observing the characteristics of the crime on the sentencing to explore problems and differences in sentencing based on different factors exist, explore the crime of dangerous driving drunk type of detention sentences and fines sentencing model, then explore solutions sentencing imbalance problem from the perspective of jurisprudence related countermeasures and suggestions. Sentencing Model Construction is an important channel to achieve a balanced sentencing, while needing to establish institutional support, proposed to strengthen the guidance of the supreme law of the sentencing, the sentencing process to strengthen oversight, improve probation and other community correction suggestions that benefit the dangerous driving offense theoretical research and judicial practice.