Research On Non-prosecution And Sentencing For The Crime Of Drunk Dangerous Driving

The amendment to the criminal law(viii),which came into effect on May 1,2011,stipulates the crime of dangerous driving for the first time.Article 133 of the criminal law explicitly includes drunk driving into the regulation scope of the criminal law,which has a deterrent and warning effect on drunk driving.Since the execution of drunk driving,although judicial organs all over the country have intensified the crackdown on this kind of crime,but the dangerous driving behavior still presents a high incidence trend,especially the drunk dangerous driving crime.Drunk driving cases have become one of the most accepted cases by people's courts.In 2013,the supreme people's court,the supreme people's procuratorate and the ministry of public security issued the opinions on the application of law in handling criminal cases of drunk driving motor vehicles,which defined "road" and "motor vehicle",stipulated the blood alcohol level of 80mg/100 ml,and stipulated the circumstances of heavier punishment.However,no substantial breakthrough has been made in improving the constitution of the crime of dangerous driving.Zhejiang,hunan,chongqing,jiangsu,Shanghai,hubei,sichuan and other places have also issued a series of guidance opinions on drunk driving crime according to actual judicial practice.In 2016,Qingdao became a pilot area for confession and punishment,and implemented a leniency system.In2017,the higher people's court of shandong province issued guidelines on sentencing for common crimes(ii)implementation rules(trial),offering guidance on sentencing for dangerous driving.In October 2018,the newly revised criminal procedure law established a leniency system for guilty plea and punishment,which has played a significant role in separating complexity from simplicity and improving efficiency.Although there are the guidance and norms of the above guiding documents,there are still many problems in the specific trial practice that restrict the effectiveness of the leniency system to some extent.The application of the discretion of non-prosecution can effectively realize the diversion of cases.The criterion and precision of sentencing are the key to the system of leniency.Based on this,this paper is carried out from the theoretical and empirical perspectives.From the theoretical perspective,there is still room for discussion on drunk driving crime.Practice point of view,on the one hand,from the procuratorial organs apply pleaded guilty to forfeit their not to prosecute conditions for discretion not to prosecute the discretion to use the idea is put forward,on the other hand to Qingdao 177 trial of dangerous driving drunk type as the breakthrough point,from a comprehensive analysis of court case,in view of the sentencing recommendations content is not accurate,plot extraction is not comprehensive,such asnonstandard sentencing plot that affects the drunken type of dangerous driving crime sentencing issues,from precision,sentencing suggestion,effectively increase the amount of punishment,benchmarking,regulate sentencing plot,effectively adjust the benchmark punishment,specifications applicable for exempted from criminal punishment,probation,The author puts forward some reasonable Suggestions on how to establish the connecting mechanism between administrative penalty and criminal penalty of drunk driving.