The Cohesion And Coordination Of Criminal Law And Traffic Administrative Law

Dangerous driving crime has been punished since 2011,which has played a positive role in maintaining the good traffic order in our country.It is conducive to form the traffic awareness of "do no drive after drinking,do not drink when you drive",which greatly enhances the road safety index in China and plays a very good role in promoting citizens' awareness of law-abiding.However,with the development of society,dangerous driving crime also appears a number of problems in the implementation process,such as the large number of probation,the community correction personnel cannot really get the corresponding "rectification education",and for those involved in the dangerous driving circumstances of the minor,it makes no case,no prosecution or exemption from criminal punishment,and other decisions,not subject to the corresponding administrative punishment,so that the phenomenon of drunken driving punishment is lighter than that of wine driving;for the school bus,bus serious speeding,overloading,there is no specific implementation rule,resulting in law enforcement process rely on experience,which is easy to appear punishment imbalance.The emergence of these problems,in the final analysis,is due to the criminal law and administrative law has not formed a good connection,"Road Traffic Safety law" and other relevant administrative laws and regulations in the "Criminal Law Amendment(IX)" After the promulgation,and did not make corresponding adjustments,so that there are some vague areas.In order to make the laws and regulations of dangerous driving well implemented,the criminal law and related administrative law should be adjusted and connected continuously.From the legislative and judicial aspects,it can achieve the coordination and convergence of dangerous driving behavior,clear the risk of driving crime standards and punishment scope,scientific definition of dangerous driving behavior types,the allocation of more reasonable penalties,the real realization of "criminal line trenchant." In the case of a significant and slightly dangerous driving behavior through the correspond:ing judicial interpretation can really achieve "penalty separates from the behavior",so that dangerous driving behavior and the degree of the risk of the punishment is comparable to the purpose of the legislative and judicial.