An Empirical Analysis Of The Penalty Of Dangerous Driving Crime

Since the "Criminal Law Amendment(8)" provides for dangerous driving crime,dangerous driving crime in the country has shown a prone,prone to the state,which is drunk-type dangerous driving crime the most high and most public attention,So the sample collection and analysis of the results are also for drunken dangerous driving crime.Although the "Criminal Law Amendment(9)" for dangerous driving offenses to expand and improve the type of crime,but the risk of driving the crime of the statutory allocation of criminals still maintain a "criminal detention,and fines"provision,although the provisions of the criminal sentence,But the crime itself is more general provisions of the crime,and as the only free sentence does not distinguish between the length of the sentence,plus the penalty and the penalty is not provided for the upper limit and the specific sentencing grade,making the crime in practice,sentencing prone balanced.There is little empirical research on the application of criminal law to the dangerous driving crime,and the judicial practice circle has not formed a unified view.With the Supreme People's Court issued "on the expansion of sentencing standardization of criminal charges and punishments of the notice",the risk of driving the crime of the standardization of punishment was put on the agenda.Based on the empirical analysis,the author puts forward that the punishment of drunken dangerous driving is applicable to the crime of drunken driving,which is based on the analysis of 1500 cases of random sampling judgments from five regions in China from 2013 to 2015,And put forward the corresponding perfect suggestion to give the data support for the standardization of sentencing of dangerous driving crime.This paper is divided into five parts.The first part is the introduction.This section will describe the research reasons,research objectives,research methods and sample profiles.The second part is the basic situation of the application of the crime of dangerous driving.This part includes the application of criminal detention,fines,probation and conviction and exemption,and analyzes the application of the penalty from the applicable number,the applicable difference between the regions and the difference between the years.The third part is the empirical analysis of the basic situation of the sentencing episode of dangerous driving crime,including the application of the statutory sentencing situation and the applicable situation of the sentencing plots.It mainly analyzes the application of each sentencing situation,The degree of fine punishment and so on.The fourth part is the analysis of the problems and causes of the application of the crime of dangerous driving.This part is based on the above empirical research data that points out the problems in the application of the crime of dangerous driving crime,and analyzes the discussion of the penalty of dangerous driving crime in combination with the theoretical circles to analyze the reasons for the existence of the problem in order to put forward the countermeasures.The fifth part is the perfect proposal for the application of the crime of dangerous driving.This part puts forward the following suggestions on the problems in the application of the crime of dangerous driving:First,determine the starting point of the sentencing,take the blood alcohol content as the main factor,the vehicle type and the road condition as the auxiliary and determine the corresponding penalty according to the detention rate.The upper limit of the fine penalty;the second is to regulate the application of common sentencing circumstances,and the prevalence of sentencing should be the principle of the provisions;Third,the normative probation and conviction of the application of the sentence,that the current drunken dangerous driving crime is not suitable for the ban;Four is to clear the boundaries between several counts,improve the connection between the charges;five is to enhance the criminal judgments that rational.