| In 2011,dangerous driving was added to the eighth amendment to the criminal law,which caused great controversy.In 2014,the criminal law amendment(9)added the dangerous driving behavior category of "two exceeding and one dangerous".Since then,the team of dangerous driving crime has grown up.However,every development of the crime of dangerous driving is full of controversy,and the fundamental reason is the imbalance of sentencing.The article of dangerous driving crime includes behavior crime,plot crime and specific dangerous crime.It is not consistent with the clarity and standardization of the legal article to include several behaviors with different degrees of harmfulness in the same crime.In the past,the research on the imbalance of sentencing mostly stopped at the theoretical stage,and rarely specific to the charges,which led to the disconnection between theory and practice.Since dangerous driving behavior was incriminated,drunk driving behavior and chasing race driving behavior have been in an absolute dominant position among the four types of dangerous driving behaviors.In practice,there are few disputes about "two excesses and one danger".The research object of this paper focuses on the imbalance in sentencing of "drunk driving" and "chasing racing with bad circumstances" in dangerous driving crime.This paper expounds the imbalance of sentencing of dangerous driving crime from three parts.The first part,mainly from the current situation and harm of the imbalance of sentencing of dangerous driving crime.It includes the imbalance of sentencing in different regions,the imbalance of sentencing among judges,and the damage caused by the imbalance of sentencing to justice,criminal legislation and the purpose of criminal law.The second part describes the reasons for the imbalance of sentencing of dangerous driving crime.Specifically,there are some reasons,such as the disunity of the applicable standard of penalty probation,the controversy of the types of dangerous driving behavior,the defects of the legislative content of dangerous driving crime,the excessive discretion of judges,the influence of public policy,and the disunity of sentencing standards and rules.The third part,in view of the previous problems,puts forward the solution path,but also puts forward some new thinking and views.It mainly includes the improvement of the legislative content of dangerous driving crime,the construction of standardized sentencing mode,the emphasis on sentencing plot,and the promotion of judicial staff’s professional quality. |
