An Empirical Study On The Statys Quo Of Drunk Dangerous Drivingcrime

Dangerous driving sin as a minor criminal offences,since May 1,2011 the law of the People's Republic of China criminal law amendment(eight)has been issued,it plays an effective role in stopping drunk driving behavior and safeguarding social public security.But because of its condition into sin is too simple,almost all the blood alcohol content up to 80 mg / 100 ml of drunk drivers under the condition of without considering the specific plot was sentenced into sin.What's more,in judicial practice,different courts in these crime cases showed severe mixed signals,the conviction of the authority of law was seriously challenged,the judicial credibility were badly damaged,which cause serious social problem of employment,this is contrary to the original intention of this crime.Nanchang grass-roots court dealt with401 of dangerous driving cases from January 1,2013 to April 19,2017,data analysis for criminal judgment makes it easy to see random criterions for the conviction of the crime in judicial practice and the problom of verdict mixed signal is obvious,which including the scope of crime over-expansion,generally lighter punishment,probation applicable rate high,the “connection with different sentence” serious,and “penalty for penalty”.To make it more strict,standard conviction of clear regulations of this crime,will be scientific of effectively safeguard fair judicial order,powerfully safeguard judicial authority,and generate an important impact on the judicial credibility.Besides,it is meaning for safeguarding social public security,powerfully safeguard citizens' personal rights,which has a profound impact on the construction and development of the country under the rule of law society.The rules in the People's Republic of China criminal law of dangerous driving are too abstract,it is main reason of the judicial chaos.The article adopts the method of empirical case studies,by research on large,clear,specific judicial cases,we can find the concrete problems of dangerous driving crime in judicial practice.It is important to put forward some useful solutions to solve practical problems.Factly,we can adopt the following strategies:in justice,resolutely reject the traditional theory of “only alcohol into sin”,the behavior of driver whether endanger public security can be the only prerequisite of the convicted and punished,and also,we can create a variety of detection methods to ensure the essence drunk driving behavior,such as,use saliva alcohol test,balance ability test(walk on a straight line,walk on s-shaped line,standing on one leg,go straight and back).In the legislation,make it more standard about judgment,we can also explain “road”,“drunk”,“driving”and other important conceptmore specificly and clearly.What else,we can reference foreign legislation to severely punish those who violate the law and discipline,for example,reduce the probation applicable rate and regulate the application of the fine punishment.To be specific,we should clear drunk driving specific sentencing gradient,for example,the fine penalty can be set at 1,000 yuan,with a ceiling of 15,000 yuan,each additional month of the sentence increases the fine by 1,000 yuan.If the blood alcohol content is higher,the consequences of the crime is serious,theattitudes of confession is bad(drunk driving the bus,drunk driving in the large people density city,drunk driving blood alcohol content more than 200 mg / 100 ml,drunk driving and attacks police and trouble the traffic order,drunk driving and escape,drunke driving without a license),the fine can be set at 2,000 yuan,and the fine can be increased by 2,000 yuan per month for each additional month,and the drunk driver cannot apply for probation.If the circumstances are especially serious,drunk driving blood alcohol content of more than 300 mg / 100 ml,if serious damage is caused,the amount of the fine can be set at 3,000 yuan,the penalty will be increased by 2,000 yuan for each additional month,and the drunk driver cannot apply for probation.In addition,China can also learn from Japanese legislation to raise the legal penalty and adopt stricter punishment measures for the punishment of drunk driving.For example,it could be used to assess the penalty for drunk driving offence up to three years in prison and a fine to increase penalties for serious drunk driving.At the same time,we can make behavior that not stop drunk driving into the scope of punishment,even consider make behavior that sit at the same table with drunk driver into the punishment scope,to show our zero tolerance attitude.In the end,it will benefit us a lot if the trial practice develop with guidance of authoritative instructional cases and judicial interpretation.