Research On The Judicial Application Of The Crime Of Drunken Dangerous Driving

Since 2011,when drunk driving was sentenced to 10 years in prison,the number of fatal accidents caused by drunk driving has decreased significantly,it shows that the punishment of drunk driving has played a positive role in regulating drunk driving behavior and has a good social governance effect.However,in practice,drunk driving cases are still high,involving huge social groups,drunk driving governance has become a social issue.Although local judiciary have formulated their specific implementation rules according to different geographical situations,there is no uniform application standard detailed in practice,and there are deviations in conviction and sentencing,it is difficult for the judiciary to exercise effective discretion in practice to achieve a balanced penalty,and the public can not get a better sense of fairness in petty crime cases.In addition,the number of drunken dangerous driving cases has been soaring,consuming a large number of human and material resources and other judicial resources.Therefore,in order to achieve drunk dangerous driving crime in judicial application of justice and efficiency,to explore a reasonable and effective conviction and sentencing mechanism is very necessary.This paper takes the second trial judgment data of drunk dangerous driving cases in the past two years as an example to make an empirical study,analyzes the characteristics of the judicial application from the constitutive elements of the crime of drunk dangerous driving and the current situation of sentencing,and thus summarizes the judicial practice,there are such practical problems as the unbalanced application of punishment,the simple establishment of punishment,the conservative application of non-prosecution,and the incomplete investigation of the circumstances of suspension of sentence,the author puts forward detailed proposals on perfecting the Regulations on the constituent elements of drunkenness,refining the circumstances of sentencing in judicial application,accurately applying the system of non-prosecution,adding new penalties,effectively linking criminal penalties with administrative penalties,etc.,construct a scientific and reasonable effective conviction and punishment mechanism,in order to regulate the drunk driving behavior more effectively.