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Game Analysis On The Control Of Drunk Driving

Posted on:2014-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:K JiaFull Text:PDF
GTID:2336330473959425Subject:Legal theory
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May 1,2011, the ?Criminal Law Amendment 8? takes effect. In the Article 22 of the Amendment,drunken driving had been defined as criminal behavier, and provided for criminal penalties. At the same day,the new ?Traffic Safety Law? also increased the administrative penalties for drunk driving. Compared with the previous punishment, the new law greatly increased the cost of illegal drunk driving. After the "movement law enforcement" which aims at cooperating with the introduction of the new law, the new law will enter a stable implementation phase and exist as a normalized system. At this time, it is more deserving of our attention Effectiveness of the new law-compared with the old law, does the new law effectively play the legislation as we expect to curb drunk driving? Or in other words, to effective governance of drunk driving, what kind of legal rules and institutions do we need?From the perspective of game theory, drunk driving governance refers to the the relationship between wine-checker on behalf of the state of the traffic control authorities and drivers who may be drunk driving Specifically, between the traffic police and drivers. We can process mathematical drunk driving check to create a game model in order to describe the checking process of drunk driving, and this is the drunk driving game. There is no pure strategic Nash equilibrium in the drunk driving game, but only a mixed strategic one. Drunk driving game, mixed strategy Nash equilibrium:p*= C/R, q*= r/c. According to game theory, the balancing traffic police and the driver drunk driving Check the optimal combination of strategies in the game, which means that the game is temporarily in a steady state. It is to achieve long-term game state, it means that the drivers groups of drunk driving rate in the macro and the traffic police check rate. And game party involved in the pure strategy probability distributions paid by each other's decision to participate in their own situation has nothing to do. These are the implications of the practical significance of drunk driving game equilibrium.Drunk driving game equilibrium reflects the drivers and traffic police under the established rules of law to make decisions and actions to achieve a state through its incentive effect of the new law rules analysis showed that:in the case of lack of effective monitoring of traffic police enforcement behavior, the new law increases the driver's drunk driving costs in the long term and can not reduce the rate of drunk driving. It can only inhibit its short-term rate of drunk driving. In the case of missing relevant supporting legal temerity to drunk driving "into the criminal", although will produce a positive role, but also may lead to a large number to avoid the behavior of the law, thus making "drunk driving into the penalty" the requirement is difficult to strictly implement the. Thus, the incentive effect of the new law is only a short-term. In the long run, whether the new rules could effectively curb drunk driving is uncertain. The key is whether the behavior of traffic police enforcement to effectively supervise, so that the traffic police normal and consistent enforcement of the law. Only by establishing the effective supervision of the traffic police enforcement actions, to diligent law enforcement, the driver of drunk driving rate will be reduced. In other words, drunk driving new measures have been introduced and become normalized system exists, the severity of punishment, or the driver of drunk driving costs have been identified. At this time, the ability to curb drunk driving, the key is whether they can guarantee traffic police check rate.In order to increase traffic police's check rate, the equilibrium solution from the game point of view, an effective incentive for greater traffic police Check revenue, reduce the traffic police check costs, strengthen the supervision of traffic police Check behavior, even let him bear in dereliction of duty certain costs. This can prevent the traffic police seized drunk driving rent-seeking power, the drunk driving Check rate can be maintained at a high level, drunk driving, the new law can be effectively implemented, will produce an effective deterrent effect on drunk driving. Therefore, we find an effective incentive to curb drunk driving should follow the basic principle:the stern of the requirements by the established rules of law punishment of, want to curb drunk driving, the need to improve the traffic police check income (including to increase the penalties for drivers), reduce traffic police check costs also need to improve the strengthen supervision of traffic police check behavior, drunk driving cases proceedings. Only then can we reduce the drunk driving rate of drivers more effectively.
Keywords/Search Tags:drunk driving, control, game theory, incentive system
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