Investigation Report On Dangerous Driving Cases In Xishan District, Wuxi City

Dangerous driving began to be criminalized in the Amendment to criminal law(VIII).A new paragraph has been added to Article 133 in Criminal Law of People's Republic of China,that is to say,the first paragraph in Article 133.Since the implementation of "Amendment VIII to the Criminal Law of the People's Republic of China",dangerous driving has high-rate occurrences,compared with other types of cases.Also,there have been always several problems in practicing it.This essay analyses all the dangerous driving cases happened in Xishan District,Wuxi City,Jiangsu Province during the period from May 1 st,2011 to December 25th,2015(all the cases are dangerous drunken driving excluding the flagrant racing act).It also samples 100 cases happened in 2015.It analyses and summarizes the overall situation,problems in practice and high-rate occurrences and gives consummate suggestions,in order to standardize the trial for dangerous driving and prevent the occurrence of dangerous driving cases.After dangerous driving being criminalized,the number of such cases doesn't declined as expected but keeps at a high level,or we can say,an explosive growth has emerged.One of the reasons of this explosive growth is the pressure of indicator system of the public security organ,which propels them to check on roads three times a week.However,more important reasons are the simplification of dangerous driving punishment and traditional spirits culture.The lack of legal system consciousness and inconvenience of rural transportation also contribute a lot to the continuing rising number of dangerous driving cases.If we try to stop this explosive growth,we have to set different penalties for different dangerous driving behavior,like the first time dangerous driving,the repeatedly dangerous driving and so on.Unreasonable indicator system of the public security organ should also be revised.In order to reduce the number of such cases,the government should enhance public awareness of dangerous driving,develop rural public traffic and standardize designated driving.In practice,there are still a lot divergent ideas,which mainly focus on the identification of motor vehicle and roads,the determination of blood alcohol concentration,and handling methods of the defendant's reappraisal application,and so on.When handling such cases,we have to apply the law strictly while protect the defendants' rights at the same time.Finally,I suggest making new judicial interpretation to improve the conviction and measurement of penalty of dangerous driving.