Research On The Balance Sentencing Of Drunk Driving As A Type Of Dangerous Driving Crime

Since it went into effect, the crime of dangerous drunk driving has caused constant controversy, which is not only reflected in the aspect of conviction, but more importantly, is embodied in sentencing. In this paper, through the contrast of punishment for dangerous drunk driving sin in Nanjing with that in Xuzhou within a year as well as the verifying and analysis of them, the study come to the conclusion that it does not maintain a good balance in the crime sentencing. Mainly from the perspective of legislation, the study makes some suggestions to avoid the imbalance in the crime sentencing, so as to help make it maintain a good balance in the crime sentencing of type of drunk crime of dangerous driving.This article is divided into three chapters.The first part of the sentencing case A City, B City Second City crime of dangerous driving drunk type of analysis. Through data for A, B two cities drunken type of dangerous driving crime sentencing analysis, concluded that:the two cities at the heart of sentencing consistency grasp the scale, as follows:both tend to avoid statutory maximum, are focusing on alcohol content, are focus on practical consequences; but there are imbalances between the sentencing, as follows:The average alcohol content and real punishment imbalances, real Punishment imbalance imbalance probation, surrendered finds different and so on.The second part, drunken type of dangerous driving crimes sentencing uneven Reason. From the academic contention, social motivation, institutional point of view due to three reasons for sentencing imbalance. The main end-result is that the institutional level, the question is:legislation set a single legal punishment, sentencing range is too narrow, the lack of effective judicial interpretation and guidance applicable cases to guide the new law, the administration of justice:Procuratorate sentencing recommendation is not standardized, the court lacks the administrative law and coordination of criminal law sense.The third part of the criminal sentence for dangerous driving drunk type equalization countermeasures and suggestions. The reason for the uneven sentencing, the pursuit of the dialectical unity of theory from the sentencing, refusing public disturbance, independent judges and make recommendations to strengthen the institutional building sentencing norms in three aspects. The article foothold at the institutional level, it is recommended to establish sentencing norms, issued guiding case, prosecutors sentencing norms.