Research On The Statutory Punishment And The Circumstances Of Sentencing For Dangerous Driving Offences

The addition of dangerous driving crime in China's criminal law has well regulated the occurrence of this kind of behavior,which is of great significance to the safety of road traffic and other personal safety and the security of property.However,there are defects and deficiencies in the statutory punishment and the circumstances of sentencing.The statutory penalty is too simple.There are only two kinds of detention penalty and fine penalty.It is difficult to operate in judicial practice and does not have the flexibility of penalty setting.Moreover,sentencing provisions are not specific and are not convenient for judicial organs to handle cases.This article first analyzes the specific defects of the existence of legal punishment,and puts forward additional punishment,that is,the regulation penalty,the term of imprisonment and the qualification penalty.Secondly,it analyzes the sentencing provisions of this crime,mainly from the discretionary circumstances of sentencing,combined with the sentencing guidelines issued by the Supreme People's court in May 2017 on this crime and the relevant provisions of the provincial high court,which has issued a sentencing guidance,and finally put forward the relevant judicial interpretations of the Supreme People's Civil Law Institute for sentencing.The standards should be uniformly defined,or relevant guiding cases should be issued,so as to provide references for people's courts throughout the country to handle this case.