On The Strict Application Of Probation In The Crime Of "drunk Driving"

"Drunken driving" for dangerous driving crime sentencing discretion to criminal law has the contact, and relatively independent, in the concrete applicable due to the lack of standardized, and to "drunken driving" for dangerous driving crime sentencing, especially on probation applies, grass-roots court are different in each place, irregular, and the trend of a probation rise. "Drunken driving" for dangerous driving sin formulate standardized sentencing standards is an important guarantee for sentencing unification, can also solve the problem of probation is not balanced."Drunken driving" the intent of the crime of dangerous driving into the punishment, and the legislative purpose is to punish drunk driving behavior. Its desired effect is that punishment for "drunk" behavior of administrative punishment is more strict than before, to the shock of the parties to a larger, further improve the legal penalties, increase of social risk behavior in advance prevention, control and punishment. As dangerous crimes, "drunk driving" the establishment of crime of dangerous driving, have played an important role in prevention and legal deterrent in advance, let people at the mention of "drunk driving", is a touch of high voltage wires near and far, this is the pursuit of lawmakers effect of legislation. Such as "drunken driving" type of dangerous driving sin is applicable for the probation rise, deviated from the legislation original intention, therefore, "drunk" dangerous driving sin shall strictly apply probation.Type of "drunken driving" for dangerous driving crime sentencing, contains the humanities concern and penalties for drunken drivers of humanity, and more need to cause the attention of legislators and the judicial authority, this directly relates to the rights and interests of drunk driving behavior person. Crimes equilibrium can be thought of as "everyone is equal before the law" the reflection of the constitutional rights in criminal justice, and type "drunken driving" dangerous driving sin crime sentencing unification is the embodiment of the equilibrium. The current China's rule of law has existed in legislation, judicature, law enforcement and so on each link should follow the principle of "everyone is equal before the law" and the idea, only in this way, can we truly achieve the social development and legislative practice unifies.