Drunken Dangerous Driving Is Applicable Todiscretionary Non-prosecution Standardization Research

Since the crime of drunken dangerous driving was committed,the attitude of judicial practice towards the crime has changed from "strictly cracking down" to actively exploring the way of discretionary non-prosecution.The attitude of judicial organs towards the crime has experienced a process from strict to broad.The academic circle often takes the drunk dangerous driving crime as the starting point in the study of micro crime control,because the crime rate of drunk driving has not been reduced because of strict crackdown since the crime,but has a trend of continuous rising,every year a large number of drunk driving cases deposited in the grassroots procuratorates around the country,wasting a lot of judicial resources.At present,the mainstream view of the academic and practical circles is to realize the separation of complicated and simple drunk driving cases by means of discretionary non-prosecution,reflecting the leniency of criminal law and saving judicial resources.The author confirms that discretionary non-prosecution plays a positive role in controlling drunk driving,but the negative problems cannot be ignored.In the process of applying discretionary non-prosecution for drunk driving,there are fuzzy and inconsistent standards.Such judicial disunity will not only make the procuratorial organs lose credibility,affect judicial fairness,weaken the positive effect brought by drunk driving,but also let more people have a lucky mind.At the same time,the disunity of standards also makes it difficult for the active application of drunk driving and discretionary non-prosecution to be effectively popularized throughout the country,which is not conducive to the realization of complicated and simple diversion of drunk driving cases nationwide.Through literature review and case analysis,this paper will establish standards for discretionary non-prosecution for drunk driving and standardize the application of discretionary non-prosecution for drunk driving.This paper is divided into four parts: the first part of the introduction,this part put forward the problems and research significance,and through the literature research method to sort out the domestic research status and foreign legislation status,to provide a theoretical basis for the following research;The second part analyzes the application of discretionary non-prosecution in drunk driving cases dialectically.While affirming the initiative of applying discretionary non-prosecution,it points out that the negative influence brought by the application of discretionary non-prosecution in drunk driving cases cannot be ignored.The third part is a comparative analysis of prosecution cases and non-prosecution cases of drunken dangerous driving crime.By summarizing prosecution cases and non-prosecution cases of drunken driving cases in practice,three provinces are selected which can reflect different application situations in the current judicial practice,and the problems existing in the application of discretionary non-prosecution of drunk driving cases in these three provinces are analyzed.This paper provides some data support for the establishment of non-prosecution standard in the fourth part.The fourth part is to standardize the application of discretionary non-prosecution for drunken dangerous driving crime.Firstly,it is to establish a unified national standard for the application of discretionary non-prosecution for drunk driving cases.Secondly,it is to put forward suggestions on the improvement of the process of applying discretionary non-prosecution for drunk driving.Second,drunk driving applies to discretionary non-prosecution procedures perfect.Third,the evidence collection system is standardized.Fourth,perfect drunk driving discretionary non-prosecution after the connection between punishment and execution.