Sentencing Standard Empirical Research Of Dangerous Driving Crime In Liaoning Province

In view of the frequent due to a serious violation of road traffic laws such as drunk driving behavior caused by traffic accidents occur frequently,the standing committee of the National People’s Congress in 2011 passed the "criminal law amendment(eight)",will be drunk driving behavior into the crime of dangerous driving.In the cases of dangerous driving crime,the cases of drunk dangerous driving crime account for 99% of all the cases of dangerous driving crime.However,the sentencing standards for drunk dangerous driving crime are not more detailed than other types of dangerous driving crime.Therefore,in the sentencing of drunk dangerous driving crime,a more scientific sentencing method should be adopted to make citizens more clearly understand the legal consequences of drunk driving,so that the perpetrator can predict the consequences of the crime before committing the crime,so that the defendant can predict their own legal responsibilities after committing the crime,which plays a good role in punishing and preventing crimes.Sentencing specification is to make the judge in the reasonable within the framework of our subjective initiative,to establish a kind of judicial guidance,make the sentence more legal and human nature,rather than blindly mechanization,rigid "connection with the sentence",according to the circumstances of the different cases to determine different sentencing range,avoid sentencing underweight or overweight,the defendant can be in the process of the lawsuit for your sentence have certain forecast,and the trial in the targeted for his sentencing issue proof and defence,with can affect their sentence sentencing plot,was able to convince the defendant for the verdict,pleaded guilty.Based on liaoning province during August 2017 to December 2019 grassroots courts handle cases of drunk crime of dangerous driving in random sampling,375 verdict documents as the main research object,the liaoning province drunk type case to study the basic situation of dangerous driving crime,summarizes the drunken type signs,trial to the case of dangerous driving crime,encountered in the trial will be concluded about the cognizance of sentencing plot,principal punishments punishment uneven phenomenon,concurrently be without a measure of the amount of the fine,probation and apply from criminal punishment conditions are not clear about sentencing issues,etc.On the basis of conforming to the provisions of the criminal law,this paper tries to explore the standardized sentencing system for drunk dangerous driving crime in liaoning province according to the problem of sentencing for drunk dangerous driving crime discovered by the author during the investigation,and provides more practical sentencing methods,which are discussed from the provisions of sentencing circumstances,the amount of fine punishment,the applicable conditions of probation and conviction exemption,etc.,in order to enable the judge to give discretion within a reasonable range when making a judgment on dangerous driving crime,and reduce the obvious unreasonable phenomenon of term of imprisonment and supplementary punishment caused by too much discretion.