Study On Difficult Problems In Judicial Practice Of Drunk Driving

In 2011,the two typical acts include "chase racing,drunken driving" were written into criminal law as the representative of dangerous driving crime.Before the conviction of the dangerous driving behavior,the judiciary in the criminal cases involving drunken driving motor vehicle,usually sentence in the name of endanger public security in a dangerous way or traffic accident conviction and punishment.The general public generally believe that such a conviction and punishment is not only too harsh,but the application of the law is also too heavy.Dangerous driving behavior becoming a crime,it not only effectively makes up for the vacancy of the law,but also to build a more systematic and comprehensive system of road traffic management penalties,but also make the criminal law system more perfect,basically reached the effect of conviction and sentencing balance.But at the same time,as a new crime,in the circumstance that the state legislation is not perfect,the lack of relevant laws and regulations to effectively support the case,the trial practice will inevitably come into the situation that the same behavior but sentenced to different results.In this paper,I start with the roads,motor vehicles,and the driving behaviors involved in dangerous driving,and the content,from the perspective of the theory and the trial practice,to study the related difficult problems of dangerous driving.The main body of the paper choose four representative cases of dangerous driving as a sample,from December 2013 to June 2015,concluded by Benxi primary court.With the application of legal theory and trial practice methods,the author carries on the systematic and comprehensive analysis on drunk driving type dangerous driving crime.Through the analysis of the focus of the four case,we discuss how to define the scope of road and motor vehicles in danger driving and how to identify driving behavior in drunken driving,to surrender and answer key case questions.With a view to the trial practice with a similar vague understanding of the issues in this clarification for similar cases in the region to provide effective reference to the trial practice in order to promote the conviction and sentencing of the normative and balanced.The full text includes the introduction,four chapters of text and the conclusion.The introduction part introduces the background of dangerous driving crime,the significance of the topic and the purpose of the thesis.The first chapter,Liu Hongyu case,advocated that the dangerous driving crime shall take a broad interpretation of the scope of the road,that is,including public transport and non-public transport roads,and the determination of whether the recognition of drunk driving in the region is a public hazard;the second chapter,through the case of Xu Yaping,it is also a driving behavior through the study of case.The third chapter,with the case of Qianjin,the author advocated that the vehicle shall include the electric bike in a broad interpretation;and the fourth chapter,through the Yang Le Di case judgment,respectively,to set up the card and the accident seized two kinds of analysis of the situation,as long as the personnel were surrendered,truthfully confessed his drunk driving behavior,so that the entire motor vehicle management,and the detection and trial of the case is to proceed smoothly,that is,in line with the composition of the elements of surrender.The conclusion part summarizes the whole paper.