Review Of Judicial Status And Perfection Of Regulations Of Driving Into Drunkenness

It has been nine years since drunk driving was written into the criminal law in2011.The consciousness of “drinking without driving,driving without drinking” has been deeply rooted,and drunk driving behavior has been better controlled.However,since drunk driving was sentenced,the proportion of drunk driving cases in criminal cases has continued to rise,and the number is almost at the forefront of criminal offenses.The theoretical and practical circles have never stopped discussing drunk driving.At first,the focus was on whether drunk driving should be sent to prison.In the "People's Court's Sentencing Guidance on Supplementing Eight Common Crimes(II)(Trial)"(hereinafter referred to as "Guiding Opinion(II)")issued by the Supreme People's Court later,according to the drunk driving situation,drunk driving actors have possibility of not being convicted or not punished.Although this is not a standard "decriminalization" in legal concepts,it has changed and improved compared with the previous situation where drunk driving was uniformly sentenced,which provides legal support for the decriminalization of some drunk driving behaviors.Therefore,this clause negates the previous conclusion that all drunk drivers will be sentenced.The guidance reflects the principle of moderation and leniency in China's criminal law,which is conducive to alleviating judicial pressure,improving judicial efficiency,and optimizing judicial resources.However,due to the lack of guidance on specific laws or judicial interpretations,local judicial authorities have handled similar cases.The results are also different.Many countries have relatively complete legal regulations for drunk driving behavior.In drinking driving crimes in Japan,Japan has a comprehensive crime system and regulated groups,diversified regulatory methods,reasonable punishment structure,and flexible judicial process.The addition of real offenders who drink and drive can make public opinion focus on the actual offenders who have a worse nature and cause more serious consequences.In view of the judicial status of drunk driving in China,China needs to improve the legal system and regulatory measures as a whole,including pre-regulation methods for non-penalty,refine the situation of meeting the crime requirements in drunk driving behaviors,and broaden the charges to different The scope of application of the hazard results,establish a reasonable system for cleaning a criminal record.When the drunk driving sentence was initially set up,due to the over-emphasis on public opinion,drunk driving was directly incorporated into the criminal law and regulation under the circumstance that other regulations were not exhausted at that time,which violated the basic considerations of the criminal law to a certain extent.Although drunk driving did achieve certain results after being sentenced to prison,in the long run,in fact,its practical and utilitarian value did not achieve its legislative purpose,so it can be preceded by a more economical regulatory approach in cooperation with criminal law.Form a sustainable and rational management of drunk driving behavior.