Study On The Sentencing Of Drunk Dangerous Driving Crime In Guizhou Province

In 2013,the Supreme People’s Court,the Supreme People’s Procuratorate and the Ministry of Public Security jointly issued "Opinions on Certain Issues Applicable to the Law in Handling Criminal Cases of Drunken Driving Motor Vehicles ",which provides for the conviction and sentencing of the crime of drunken dangerous driving.Even so,today,there is still a certain imbalance in sentencing.The crime rate of drunken dangerous driving is higher than that of other criminal offences.If the sentencing imbalance will greatly affect the judicial credibility.To this end,the Guizhou Provincial Higher People’s Court,the Guizhou Provincial People’s Procuratorate and the Guizhou Provincial Public Security Bureau issued the Summary of the Meeting of the Guizhou Provincial People’s Procuratorate of the Guizhou Provincial People’s Procuratorate on the Handling of Drunken Driving Cases(hereinafter referred to as the Summary),which provides further provisions on the sentencing of drunken dangerous driving offences.Unfortunately,through investigation and research,it is found that the sentencing problem of drunken dangerous driving crime in Guizhou Province has been alleviated to some extent after the implementation of the minutes,for example,the difference of sentencing between regions has been reduced,but there are still many cases of "different sentences in the same case" situation.This paper investigates and studies the sentencing of drunk dangerous driving crime in Guizhou Province before and after the implementation of the Summary,finds out the problems existing in the sentencing of the crime by the basic people’s Court of Guizhou Province,and analyzes the causes of the problems.This paper includes five parts,and the first part explains the basic situation of the study,including the reasons for selecting the research object,the whole research process,and the research method.The second part is to sort out and analyze the sentencing circumstances of the crime,criminal detention,fine,probation,criminal punishment and the exemption of criminal punishment before and after the implementation of the Minutes,so as to understand the whole sentencing situation of the crime and the changes of sentencing both before and after the implementation of the Minutes.The third part is to find that the problems still exist in the sentencing crime of drunk type dangerous driving in Guizhou Province,and to analyze the causes of the problems.The fourth part is the theoretical analysis of sentencing,that is,the purpose of sentencing should be upheld,the general guiding principles of sentencing and the criminal policy of sentencing.The fifth part is for guizhou province drunk dangerous driving sentencing problems and reasons proposed feasible solution,namely,in clear punishment purpose,follow the adaptation principle,criminal legal principle and the premise of the criminal policy,sentencing evaluation,unified sentencing scale,clear sentencing method,unified fine applicable standard and probation,exempt from criminal punishment.