Empirical Study Of The Crime Of Drunk Driving Type For Dangerous Driving

With the deepening of reform and opening up,China's rapid economic development,the society entered the era of high-speed operation,the car has become indispensable to our daily life and work vehicles.The car brings us convenience,but also in our lives buried a deep hidden danger.In particular,the increasing traffic accidents have caused great harm to people's lives and property safety.In the traffic accident,drunken driving and drunken driving caused the accident and stimulate the nerve of the public,subject to the attention of the society,such as the case of "Sun Weiming" in Chengdu,Nanjing "Zhang Mingbao case" has become a public concern,social pain.Therefore,accompanied by a voice of society,drunk driving into the penalty came into being.In the amendment of criminal law of the People's Republic of China(eight)adopted by the Standing Committee of the National People's Congress in February 25,2011,the crime of dangerous driving was written into it as an important measure to protect people's livelihood.Since the crime of dangerous driving into the punishment,the judiciary across the country to increase efforts to combat such crimes,is a county of Jiangxi province procuratorate public prosecution case blowout rise,especially for drunken driving,incidence of such cases is almost the same frequency with the "Pirates" multiple cases,but for such cases handled not really,such as robbery and theft case as a mature and standard sentencing to conviction and sentencing,due to lack of experience,can only sponsor self understanding in accordance with the punishment standards,resulting in mechanical single,law enforcement standards are not uniform,the imbalance etc..According to a county of Jiangxi province procuratorate prosecution case,the drunken driving case analysis,first of all to the county for drunken driving crime characteristics were analyzed,find out the common features from,mainly from the subject of crime,traffic tools,the reasons for the incident,the sentencing judgment of objective analysis.Secondly,according to the subjective purpose of the process of handling the case,combined with the characteristics of such cases,draw four reasons for the high status of such cases in the county.The third part combines the case handled by the county,from the legal analysis,in judicial practice to deal with such cases exist the crime machine,sentencing is not unified and so on.The fourth part mainly analyzes the factors affecting the conviction and sentencing of such cases,and puts forward the factors that should be considered in handling cases.The fifth part of this case for the process of non-standard and other issues,from the perspective of law enforcement to standardize the handling of such cases,and to prevent theoccurrence of such cases to make recommendations.This article attempts from the drunken driving of the crime of conviction and sentencing standardization,provide reasonable suggestions for the future for the crime of dangerous driving,drunk driving behavior from the process of the crime and sentencing to more standardized and fair.