Research On The Crime Of Drunk Driving

With the development of the economy and the progress of society,the number of car ownership has increased year by year.What followed was that driving a motor vehicle while drunk became commonplace,triggering the prevention mechanism of a risky society.In 2011,the "Criminal Law Amendment(8)" officially determined the crime of "drunk driving" dangerous driving.In the ten years since drunk driving was imprisoned,it has played a good role in the treatment of crime and the management of society.However,because one of the 133 articles of the Criminal Law described the crime of “drunk driving” too simplistically,it also induced a series of problems,resulting in simple conviction in judicial application and difficulty in convicting crimes.The majority of scholars have always maintained a high degree of this.attention.In a situation where the Public Procuratorate and Procuratorate has different views on whether drunk driving is guilty or not,the Supreme People’s Court issued the "Sentencing Opinions(2)Trial Implementation" in 2017,further affirming its position that drunk driving can be convicted on the basis of the "circumstance".In the context of my country’s current "criminal thinking predominates and crime thinking is not mainstream",how to find a reasonable path to restrict the criminal law that is too lenient on drunk driving has become more and more urgent.Research on the criminalization of drunk driving has Important theoretical value and practical significance.Specifically,the crime of drunk driving is an abstract dangerous crime rather than a behavioral crime.Combined with the "alcoholism" of drunk driving cases in judicial practice,the labeling and stigmatization of crimes creates negative effects.Minor drunk driving cases occupy a large amount of judicial resources and " The “Sentencing Opinions(2)Trial Implementation” and the successive promulgation of legal documents in various places have jointly determined the necessity of drunk driving in our country;and the criminal law scholars and judicial circles are based on Article 13 of the Criminal Law for drunk driving.The “province” stipulates that the three paths of controversy are to narrow the scope of punishment for abstract dangerous offenders and from the perspective of procedural law;due to the function of the mixed crime concept,the “province” is compatible with the principle of statutory crimes and punishments.The superiority and high degree of connotation of the "province" determine that it has a superior approach in legal logic and judicial application compared with other approaches.The specific use of the crime is manifested in a substantive understanding of the constitution of a crime.The ideal expectation for a reasonable crime of drunk driving is to amend the relevant legislation and refine the judicial interpretation.