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An Empirical Analysis Of The Treatment Of Drunk Driving Cases In Zhejiang Province

Posted on:2020-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:J Y CuiFull Text:PDF
GTID:2416330623459238Subject:Law
Abstract/Summary:PDF Full Text Request
In the judicial practice,the problem of “drunken type” dangerous driving sentencing is more prominent,mainly reflected in the “drunken type” dangerous driving imprisonment and punishment,and the factors affecting the sentencing of this type of case are different.Based on the introduction of the new “Drunk Driving Conference Minutes” in Zhejiang Province in January 2017,a sample of drunk driving dangerous driving cases handled by N County in Zhejiang Province during the “Drunk Driving Conference Minutes” was analyzed and found to be new.After the introduction of the "Drunk Driving" Conference Minutes,the drunk driving of cars,the drunk driving of motorcycles,the exemption of motor vehicles,the increased difficulty of identifying new factors,the problem of light procedures and the imbalance of sentencing have not been substantially improved.The phenomenon of different judgments in the same case happened occasionally.In order to improve the accuracy and credibility of the judicial referee further in the case of drunk driving,the author analyzes the criminal circumstances,the quantitative punishment and the environmental factors affecting the conviction and sentencing that influence the conviction and sentencing of drunk driving cases,and combines the relevant legal regulations outside the domain.By drawing on the legislative ideas of dangerous driving behaviors and the scope of diversified sentencing,this paper proposes countermeasures and suggestions to solve the problems of dangerous driving in drunk driving.It is necessary to balance the application of the main penalty,to clarify the specific criteria for the serious situation of the relevant situation,and to pay attention to the adjustment effect of other sentencing circumstances on the penalty.Clarify the specific criteria for escaping,resisting inspections,and replacing the circumstances with serious circumstances.In accordance with the normative significance of the book,it is necessary to strictly regulate the procedures for obtaining evidence,do a good job in the administrative punishment of non-litigation cases,strengthen the rights and interests of the defendants at the trial stage,innovate the enforcement measures of non-custodial criminals to participate in social services,and effectively enhance the credibility of the judiciary.Improve the satisfaction and security of the people.
Keywords/Search Tags:Drunk driving case, Empirical analysis, new standard
PDF Full Text Request
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