An Empirical Study On The Law Application Of Drunken Type Dangerous Driving

The behavior of drunken driving motor vehicles is common and frequent,which seriously threatens the safety of people's life and property.At present,the number of deaths per year in China's road traffic accidents is ranked second in the world.From Guilin city situation,local prosecutors accepted drunk driving criminal cases is increasing,the individual area was a blowout,the public security organs on the issue of judicial application in understanding inventory holding differences of opinion,law applicable to be the introduction of a unified standard of punishment,criminal activities also need to further standardize.Therefore,it is necessary through investigation and study deeply,in a comprehensive grasp of dangerous driving criminal cases based on the whole trial,correctly set up dangerous driving criminal cases work guiding idea,standardize judicial organs for criminal cases of dangerous driving law enforcement measure,sort out and clarify the dangerous driving criminal cases focus on the work of the difficulties the problem and proposed solutions.Taking Guilin city in January 2014 December 2017 the county procuratorate accepted all dangerous driving criminal cases for empirical analysis of samples,a comprehensive collection of drunk driving in the criminal cases of various elements,sentencing,sentencing,sentencing scale results,association focuses on dangerous driving behavior between the various circumstances and the final sentencing,traffic accident crime seriously analysis drunk driving and drunk driving and drunk driving caused the relation and the difference between the de jure.This article will focus on the part of the relevant judicial application of the crime of drunk driving,and strive to effectively solve the relationship between the location of the criminal law and the relationship between crime and punishment for the dangerous driving behavior,so as to provide some references for further improvement of the crime of drunken driving.This article is divided into four parts.The first part is the case of drunken driving dangerous driving cases by the procuratorial organs of Guilin city.A total of 1580 1580 dangerous driving cases were received by the procuratorial organs of Guilin.The main body of the dangerous driving crime,vehicle type,location of the crime,coercive measures,judgement,the time of the case,the type of the crime,and the relationship between the drunk driving plot and sentencing situation were analyzed.The second part is the problems and puzzles in the judicial application of dangerous driving cases.There is evidence about the main problems,that is not a standard vehicle,road handling problems and identified boundaries ignored the dangerous driving crime and traffic accident crime;the two is when the alcohol content identification;three is the judicial process problem of law enforcement is not unified,"lenient" and "minor" it is difficult to grasp the standard of compulsory measures,has not yet been fully unified,and bail was relatively high,the sentencing problems of the crime of dangerous driving,application rate of probation sentencing suggestion is not high,the evidence is difficult to fix;four is not a comprehensive social governance mechanism.The third part is the cause of the dangerous driving.The main reasons are four aspects of the legislative level,the criminal law implementation level,the driver level and the social objective level.The fourth part is the proposal to apply the law of dangerous driving crime.This is the introduction of relevant judicial interpretation to solve the problem of qualitative risk for road driving,decided to break the administrative law road concept,identification of the vehicle,must be differentiated according to the specific circumstances of the vehicle;the two is the method and Standard Specification for alcohol content identification;three is the unified standards of law enforcement,in order to grasp leniency the policy,from the crime of dangerous driving a lighter and heavier punishment,and hold the weight from the lighter punishment,strictly implement the compulsory measures and regulations,implementation of the dangerous driving crime sentencing reasonable gradient,achieve suiting punishment,standardize field investigation,the identification process to grasp;four is the construction of the comprehensive management mechanism to strengthen the dangerous driving crime,increase the propaganda strength,enhance self-discipline,standardize the development of driving training,driving on behalf of the industry,strengthen the examination efforts to consolidate the effect of law enforcement.