Research And Countermeasure Analysis On The Problem Of Conviction And Sentencing Of Drunk Driving

In recent years,the number of drunk dangerous driving crimes continues to grow,ranking the forefront of all kinds of criminal cases.In view of the situation of which a large rising number of drunk dangerous driving cases,and relevant laws and regulations only on the abstract dangerous crime of drunk dangerous driving conviction and sentencing with general discussion,how to accurately carry out criminal sanctions has been a difficult problem in judicial practice.In order to solve this problem,after analyzing the meaning of "danger" in criminal law,the author puts forward the concept of "risk factors" and defines the scope of "risk factors" in conviction and sentencing of drunk dangerous driving crime.In view of the important role of risk factors in criminal sanctions against drunk driving,this paper introduces the traditional judgment of the risk factors of conviction and the understanding of the risk factors of sentencing.However,in face of complicated and changeable cases in real life,judicial practice has disputed and questioned the traditional criteria for determining the risk factors of conviction,and the risk factors of sentencing are increasingly showing the situation of unbalanced evaluation.It is urgent to clarify the connotation of the risk factors of conviction and unify the evaluation mechanism of the risk factors of sentencing.The article proposes the way to build a criminal sanction system for drunk driving.Firstly,by defining the criteria of typified judgment,introducing counterevidence system and accurately identifying accomplices under special circumstances,a perfect conviction system is established;secondly,a standardized sentencing system is constructed by adopting the ladder-like sentencing method of starting punishment,standard punishment to proclamation of punishment;and a sentencing system is adopted from the lighter circumstances to the lighter circumstances to the circumstances.Significantly slight progressive sentencing method,to build a reasonable progressive sentencing system;to adopt the method of breaking the gene sequence of discontinued offense,to build a complete evaluation of the sentencing system.