Act Of Drink Driving Conviction Sentencing Research

With the rapid economic development, the numbers of both cars and people who drive are increasing dramatically, which causes high rate of car accidents. Drinking drive, one of the most socially harmful violations, still remain incessant even after repeated severe prohibition and penalty by the public security and traffic police departments and threats the public security. However, there are many loopholes in China's law against this violation, which happens frequently and is very harmful.One is that the criminal law only punish those whose behavior causes actual bad consequences, as a result, the criminal law cannot play its prophylactic function. The other one is that the administrative law put light penalty on drinking drive, therefore, it cannot effectively prohibit the happening of drinking drive.The author, taking separated measurement of penalty of drinking drive as the topic and starting from the present traffic safety condition of China, analyzes the present situation of legislation and judicature of drinking drive in China's law. By comparing the legislation of drinking drive in China's law and the Continental Legal System and Anglo-American Law System, the author makes her conclusion that drinking drive crime should be added to China's law system.The main body includes three parts:Part one is the analysis of the present situation of the legislation and judicature of drinking drive in China. The present legislation situation of penal legislation, administrative legislation and civil legislation on drinking drive is briefly introduced here in this paper. A conclusion of the present judicature is then drawn, that is, too light legal responsibility is put on this behavior, there are no application standards and complete legal rules and it is against criminal law's preventive function of crimes.Part two is about the legislation and identifying standards of drinking drive in foreign countries. The legislation and identifying standards of two typical nations from the Continental Legal System and Anglo-American Law System are taken as the example to analyze the feasibility of defining drinking drive as a crime. Part three is about the author's idea of separated measurement of penalty of drinking drive. The necessity, legitimacy and feasibility of separated measurement of penalty of drinking drive are respectively analyzed. It then gives the definition and measurement of penalty of drinking drive crime.