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Research On The Legislative Perfection Of Dangerous Driving Crime And The Problem Of Sentencing Equilibrium

Posted on:2018-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:B SongFull Text:PDF
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Since the promulgation and implementation of the criminal law amendment(eight)in 2011,the crime of dangerous driving has passed the age of 5.In 2013,the Supreme People's court and the Supreme People's Procuratorate,Ministry of Public Security jointly issued "on the handling of some issues of applicable law in criminal cases of drunken driving",for dangerous driving crime in drunken driving conviction and sentencing when making detailed rules;then,combined with the work of standardization of sentencing reform in full court trial in the country in recent years and,to some extent alleviate the crime of dangerous driving in the beginning of the establishment of "somesentence" and "balanced sentencing difficult issues.However,the crime of dangerous driving in our country is still a new crime,is still in the continuous growth and improvement.2015 "criminal law amendment(nine)" and the two new cases included in the crime of dangerous driving,the crime of dangerous driving has been further improved,but also for the conviction and sentencing of the work has brought new problems and challenges.This paper will constitute the crime of dangerous driving is divided into "absolute risk"and "relative risk" two forms,to achieve the scientific determination of whether constitutes the crime of dangerous driving;key and standardization of sentencing as to the crime of dangerous driving sentencing balance problem.Sentencing is based on the circumstances of the crime,dangerous driving is a dangerous crime,the circumstances of the crime is serious or not,the need to consider,is one of the dangers,that is,the more serious the risk,the sentence should be heavier.For the risk,no matter in theory or in practice,there is no scientific standard of measurement,and the dangerous crime should be quantified as a specific term,and must be quantified.For this reason,this paper uses the mathematical method to set up the quantitative value of the danger in the crime of dangerous driving,and introduces the sentencing standardization into the sentencing of the crime of dangerous driving.At the same time,this paper also analyzes the application of additional punishment and probation.Hope that through this article,the problem of the crime of dangerous driving is difficult to effectively solve the problem of sentencing,and promote the standardization of sentencing reform to the depth direction.
Keywords/Search Tags:dangerous driving, Risk factor, Sentence calculation, exchanged penalty
PDF Full Text Request
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