An Empirical Study On The Crime Of Drinking Dangerous Driving

In the practice of criminal justice practice,sentencing is a kind of art about how to choose and choose what kind of sentencing circumstances,is to use a variety of circumstances to determine the results of a referee work.Normative and reasonable sentencing could achieve the criminal law's prevention functions,reflect the justice.With the rapid development of China's economy,then 2011,The Amendment ? to the Criminal Law of the People's Republic of China began to stipulate the drunken dangerous driving crime.The crime rate is still very high,driving crime take a lot of judicial resources every year.Therefore,the study of the sentencing of drunken dangerous driving crime has the significance of promoting and perfecting the sentencing of the dangerous driving crime.One of Article 133 of the Penal Code does not make a detailed,quantitative decomposition of drunken dangerous driving.Only the provisions of the criminal detention and fines,yet what extent of the criminal plot deserve what kink of detention.There is unlimited amount of fine penalty,while how to decide the amount of fines is still a question.There are also some other troubles,for instance,how to sentencing in the detention of punishment and punishment in the balance,how to use the penalty prevention and punishment in order to make them play the maximum role,etc.Under about 5 years application of The Amendment ? to the Criminal Law of the People's Republic of China,the above issues become obstacles of judicial practice in the fair and equitable application of criminal law.After 5 years of discussion in the academic and practical circles,the long-awaited The Amendment ? to the Criminal Law of the People's Republic of China still did not mention the drunken driving motor vehicle sentencing range.Therefore,the application of sentencing circumstances in the national courts at all levels,unfair sentencing often appears and the phenomenon still exist that the wrong discretion of the judge in the single case.In this paper,I take 111 cases of criminal judgments in Jilin province as samples,through the method of empirical research,then analyze the main influencing factors of sentencing drunken dangerous driving in judicial practice and promote the standardization of sentencing in Jilin province.At last,promote the nation's sentencing standardization.The structure of this paper is as follows.First of all,to put forward the question.That is,by studying the current situation of drunken dangerous driving conviction and the application of the law of drunken dangerous driving law,put forward the question that drunken dangerous driving crime applicable problem in practice.Then,it comes to analyze the problem and solve the problem.In this paper,we will establish three analytical models for detainting,fines and probation respectively.The regression analysis of 111 samples in Jilin Province is carried out to study the results of the 15 sentencing cases(independent variables)in Jilin Province.Then by further analysis,to put the influence of all the variables that affect the outcome of the decision in order.And summed up what are the general criteria when the courts in Jilin Province sentence the drunken dangerous driving cases.Later,I will based on the establishment of the regression model and reference to local areas that have been made in the local balanced drunken sentencing plot of research results,to determine the penalty sentence of the benchmark penalty.Finally,I will make the application of drunken dangerous driving crime sentencing circumstances normative.