A Research On The Practical Problems And The Improvement Path Of The Crime Of Drunk And Dangerous Driving

Since the criminalization of drunk driving,China’s legislation on the crime of drunk and dangerous driving has suffered from a single set of incrimination criteria and statutory penalties,as well as a lack of nationally applicable sentencing standards.In judicial practice,there are also a series of obstacles to the application of the law,the differences in the definition of the scope of "road" and "motor vehicle" in this crime,and whether the "proviso" clause can be applied.In 2019,the crime of dangerous driving has become the most prevalent crime in China,in which the crime of drunk and dangerous driving occupies a large proportion.Due to the lack of perfection in the above-mentioned legislation and judicial provisions,the result of different sentences in the same case sometimes occurs,and the public’s acceptance of the results of the case has decreased.Therefore,how to effectively regulate drunk driving behavior to reduce the crime rate of drunk and dangerous driving has become an urgent problem to be solved.Firstly,in order to effectively regulate this crime in judicial practice,we must clearly define the scope of "road" and "motor vehicle",and clarify whether the internal roads of campuses,enterprises and institutions,and residentialcommunities should be identified as "As long as unspecified social vehicles are allowed to enter at will,they belong to the ‘road’ defined by this law";electric vehicles exceeding the standard should not be included in the scope of the "motor vehicles" regulated by this crime.Secondly,the test of the perpetrator’s driving ability should be added as a factor for criminalization,in order to change the rigid and single standard of criminalization.In addition,some minor or significantly minor criminal circumstances such as "emergency medical treatment","overnight drunkenness" and "car moving" shall be reasonably considered for their social harmfulness and the possibility of recidivism,and they shall not be punished or treated as crimes.Finally,with regard to the single types of punishment and large differences in sentencing for this crime in judicial practice,increase the set term imprisonment as one of the statutory penalties for the crime of drunk and dangerous driving,and formulate a unified national sentencing standard to evaluate the drunk driving behavior more scientifically and rigorously.