Research On The Standardization Of Exempting From Punishment Of Drunk Driving As A Type Of Dangerous Driving Crime

There are some problems in the exemption from punishment for drunk driving as a type of dangerous driving crime,such as unclear standards and obvious trend of geopolitization.This article will use the legal empirical analysis method to carry on the empirical analysis to a massive of drunk driving sample cases.After calculating the influence of each exempting consideration circumstances of drunken driving on the occurrence of exemption of punishment,the author proposed a concrete countermeasure for standardization of the exemption of punishment for drunk driving.So as to do a modest force for promoting standardization construction of exemption of punishment for drunk driving in our country.There are five parts in this paper:In the first part,the author confirms the research idea of this article and carries on the sample case selection,thus lay the foundation for the following empirical analysis.First,there is an introduction of the research methods and tools used,and then,the determination of the general idea and specific steps of the study are defined.Finally,conditions of sample selection are determined,that is,from the three aspects: the regional scope of the sample,the time range and other special requirements.The system sampling method was used to select the sample cases of this paper.In the second part,the author analyzes the current judicial situation of exemption from punishment in drunken driving cases.After introducing the general situation of exemption from punishment in drunk driving cases in China,this paper discusses the problems existing in the exemption of drunk driving and the significance of the standardization of exemption of drunk driving punishment.The main problems are as follow: First,the standard of exemption is vague,and the discretionary power is high;Second,the geographical difference is obvious,and the sentencing standards are out of balance;Third,the judicial environment is restricted and the doctrine of heavy punishment is popular.The significances of the standardization of drunk driving exemption from punishment are as follows: First,it is helpful to promote the construction of sentencing standardization in China;Second,to comply with the trend of nonpenal movement,and to implement the legal concept of abstinence;Third,to maintain the authority of the law and establish legal beliefs.In the third part,the author studies the cases of drunk driving punishment exemption from the sample,extracts from the judgment the consideration circumstances that may have an impact on the result of the exemption,and then makes a statistical analysis of the relevant consideration circumstances in the sample cases,thus a comprehensive demonstration of the current situation of exemption of drunk driving punishment is presented.In the fourth part,empirical analysis of each consideration circumstances of drunk driving as a type of dangerous driving crime is conducted.First of all,the exemption proportion of different consideration circumstances is calculated by quantitative calculation,and the relationship between consideration circumstances and exemption is roughly determined,and then the standard regression coefficient of each consideration factor is calculated by Logistic regression analysis.The author accurately calculates the correlation relation ratio between the consideration circumstances and the result of exemption,so as to determine the relationship between consideration circumstances and exemption.In the fifth part,the author puts forward the countermeasures and suggestions to improve the standardization of drunk driving exemption in our country.First,perfect the standard of drunk driving punishment exemption.Second,issue instructive cases.Third,sublate the doctrine of severe punishment,and let the rule of law return to the right track,building a light penalty system,and complying with the tide of light punishment.