Study On The Sentencing Of Crime Of Dangerous Driving With Drunk Driving Type

Article 133 of 'Criminal Law Amendment(8)'identifies drunk driving into the criminal law system which has first specified the crime of dangerous driving.This is an eloquentresponse to the rampant drunk driving behavior on the institutional aspect.However,in the more than one year enforcement,understanding of crime of dangerous driving with drunk driving type varies from courts to courts in the conviction and sentencing through judgement,and it leads to the sentencing imbalance of the crime of dangerous driving with drunk driving type.The imbalance,which against principle of conviction,is reflected in the aspects of detention,control,fine penalty and being exempted from criminal punishment.Also,this imbalance breeds judicial corruption,hurts the authority of jurisdiction and reduces the function of criminal law finally.The imbalance of drunk driving sentencingin judicial practice ascribes to the following:first,the controversy in theoreticalcycle;second,the lack of regulation;third,the internal peculiarity;last,the sentencing influence in different areas and characters.In this context,it is necessary to propose a scheme to balance the sentencing:adhering to the correct value orientation of sentencing balance,balancing the equilibration and generalization of sentencing,and keeping the dilectic relationship between general prevention and specific prevention.Meanwhile,in the regulation aspect,we should lay emphasis on specifying the basic sentencing standards in detention of the crime of dangerous driving with drunk driving type,setting standards of fine penalty,and categorizing the application of reprieve and being exempted from criminal punishment,so as to provide the sentencing standards in guiding practice and realize the aims of sentencing balance of the crime of dangerous driving with drunk driving type.