Research On The Judicial Issues And Countermeasure Of The Crime Of Drunk Driving

Since 2011,when China officially included the act of drunk driving of motor vehicles into the scope of criminal laws and regulations,the issue of drunk driving as a comprehensive social issue has received extensive attention and discussion from academics and society.After the criminalization of "drunk driving",judicial organs at all levels in China have continuously explored in practice how to further improve the trial and governance of drunk driving,trying to find a balance between meeting the needs of the public for punishing drunk driving,which is contrary to the moral feelings of the people,and maintaining a fair and reasonable trial and sentencing for drunk drivers.At the same time,the criminal law community has also been studying and discussing various dilemmas and problems in the process of drunk driving governance,trying to improve the governance of drunk driving step by step,which is reflected in many aspects and angles such as whether the "proviso" clause in the criminal law can be used in the crime of drunk driving dangerous driving,the determination of the standard of the degree of drunkenness,and the determination of the sentencing of the crime of drunk dangerous driving.However,whether it is the research on the crime of drunken dangerous driving in criminal law circles,or the discussion of drunk driving by judicial organs at all levels and the practical circles,it has promoted the development of drunk driving governance in China in the past decade,but it is obvious that the judicial dilemma arising from the crime of drunk dangerous driving is not only generated by a legislative process or judicial system alone,which makes it difficult to improve and solve the problem of drunk driving by simply relying on the modification of a certain system or clause.At the same time,with the development of China’s criminal policy and criminal trial concept,coupled with the improvement of the level of social and economic development and the transformation of people’s social moral concepts,new problems are emerging in the field of drunk driving,which are manifested in the further clarification of the constituent elements of the crime of drunk dangerous driving,the refinement of the sentencing of the crime of drunk dangerous driving,the identification of abstract danger in the crime of drunk dangerous driving,and the elimination of the collateral consequences of the crime of drunk dangerous driving as a "misdemeanor".Issues such as these constitute a new judicial dilemma in the area of dangerous driving while intoxicated.Based on this,the current criminal law scholars and judicial practitioners are also actively discussing how to resolve the judicial dilemma arising from the crime of drunken dangerous driving in response to the new criminal policy concept,and in this process,foreign countries and Chinese Taiwan have also provided reference for the crime of drunken dangerous driving in China in many fields,such as the reform of the non-prosecution system,diversified non-criminal punishment methods and the system of eradication of criminal records.The complexity of the judicial dilemma of drunken dangerous driving crime determines that its governance means also need to start from multiple fields to achieve the effect of "curing the root cause",based on the improvement of conviction and sentencing in criminal law,coupled with joint efforts from multiple angles such as administrative law,criminal procedure law,criminal punishment setting,return of criminal personnel,and application of new equipment,so as to achieve the purpose of breaking the judicial dilemma of drunken dangerous driving crime to the greatest extent and promoting the development of drunk driving governance in China.