Consideration On The Application Of Lenient System Of Guilty Admission And Penalty In Dangerous Driving Cases

Since the crime of dangerous driving was incorporated into the Criminal Law Amendment(8)Act as a new offence,especially the drunken dangerous driving case has become the high incidence and frequent cases in the basic criminal justice practice.The public security bureau,procuratorate,court organ promotes the application of the lenient system of admission of guilt and punishment to handle dangerous driving cases,which is the demand of the current judicial practice,and at the same time greatly reduces the work burden of the public security bureau,procuratorate,court organ.However,in the trial practice,there are still some problems such as insufficient embodiment of entity leniency value,lack of specific rules for sentencing,difficulty in applying duty lawyer and little promotion of confession and punishment in investigation stage,which makes the leniency system of confession and punishment can not really play a role.Therefore,it is necessary to explore the establishment of reasonable sentencing rules for dangerous driving cases based on the lenient system of guilty plea and punishment,and further promote the pre-investigation stage of guilty plea and punishment in dangerous driving cases through the construction of social risk assessment,confession education and law enforcement case management center in the investigation stage,so as to construct the operation mode of centralized and fast handling of dangerous driving cases.The study of lenient system of guilty plea and punishment in our country is based on foreign plea negotiation,and from the new angle of dangerous driving case,it will undoubtedly have an impact on the existing legal system.Moreover,the application of this system in judicial practice needs to analyze the problems in dangerous driving cases through the combination of theoretical basis and practice.This paper intends to adopt the research method of literature and data statistics,make more specific research on the application of dangerous driving cases from the basic theory,understand that the practical work of the public security bureau,procuratorate,court organs makes the discussion of guilty plea and punishment more targeted;summarize The current status of the implementation of dangerous driving cases,absorb the study of the judicial organs to solve such problems,summed up its confession and punishment lenient system of specific practice of relevant enlightenment.And on this basis,put forward the perfect suggestion to the problem that appears.On the whole,the problem of applying the system of guilty plea and punishment to deal with dangerous driving cases is mainly due to too much attention to procedural simplicity.The purpose of this paper is to analyze the current situation of application,and combining with the current situation of legislation and practice in China,to put forward that the purpose of criminal proceedings should not be neglected while the efficiency should be emphasized.It is necessary to ensure that the procedures are simple,while paying attention to the fair trial of cases,so as to meet the requirements of speed and quality.