Investigation And Research On Drunk Driving Crime In Lanzhou City

Since the 2011 Criminal Law Amendment(8)included drunk driving behaviors in the regulation of dangerous driving crimes,public security agencies across the country have quickly set off a wave of anti-drunk driving behaviors,and the number of dangerous driving cases has rapidly increased.The 2015 Criminal Law Amendment(9)added two additional cases to the crime of dangerous driving,which enriched the types of behavior of dangerous driving crime and expanded the coverage of the crime.According to the judicial data released by the Supreme People’s Court,drunk driving behavior is the main type of dangerous driving crime and accounts for a large proportion,and it exceeds the number of theft cases for the first time in 2019,becoming China’s largest crime.In the face of a large number of drunk driving cases,simplified procedures are applied in judicial practice.There are fewer appeals in the second instance and a higher service rate.The perpetrators can actively confess their guilt and repentance,and have achieved better governance effects.However,they still exist in the case investigation Many questions.On the substantive side,the lack of clear and specific sentencing norms has led to large differences in sentencing between local courts,and even problems such as inaccurate characterization and incomplete determination of some plots.There are also lax law enforcement and judicial inefficiencies in the procedures.Norms,etc.These problems not only affect the public’s expectation of justice and justice in the society,but also restrict the development process of the standardization of sentencing in the local area.They are also more likely to promote the chance of drunk drivers and affect the realization of criminal legislation.This article is based on the investigation of drunk driving cases that were tried in Lanzhou in 2018,and uses empirical research methods,analysis methods,and literature research methods to analyze and compare the data,not only to identify the problems existing in the substance of drunk driving cases,but also to specify the procedures in case handling.The shortcomings not only point out the differences in sentencing in the case as a whole,but also clarify the disparities in the cases,and carry out research and discussion with related theories in order to provide a reference for the proper handling of drunk driving cases in judicial practice.The full text is divided into five parts.The first part describes the background of China ’s drunk driving legislation,the regulatory system formed after the legislation,and the implementation of the country in the past five years.The second part describes the basic characteristics of the drunk driving dangerous crime in Lanzhou.The circumstances and the sentencing sentence are summarized.The third part specifies the substantive and procedural problems in the handling of drunk driving cases in Lanzhou.The fourth part is to learn from the legislation,judicial regulations and other domestic provinces and cities that govern drunk driving.The normative documents provide a blueprint for the improvement of China ’s legislation and the improvement of justice in Lanzhou.The fifth part is to improve the national legislation by referring to extraterritorial legislation and the local laws and regulations in other provinces and cities.In order to solve various problems in drunk driving cases in Lanzhou,we will make efforts to promote the handling of drunk driving cases in Lanzhou to become more standardized.