The Judicial Application Dilemma Of The Crime Of Drunken And Dangerous Driving

Since the addition of drunk driving after Article 133 of the Criminal Law in the 2011 Amendment to the Criminal Law(Ⅷ),drunk driving of motor vehicles has officially transformed from administrative punishment to criminal punishment.In the past twelve years,the slogan of "drinking without driving" has deeply rooted in people’s hearts,and the criminal law governance of drunk dangerous driving has achieved good results.However,the crime of dangerous driving has become the "largest crime in China",with a large number of cases,a single type of sentencing and admission method,unclear definition of constituent elements,and serious consequences of punishment becoming increasingly prominent contradictions.We need to actively explore this.Based on this judicial practice challenge,this article analyzes the judicial application difficulties of the crime of drunken dangerous driving through the analysis of judicial document data and case studies,combined with the understanding and application of theoretical knowledge and legal provisions,and proposes further solutions for key areas.The entire article consists of three parts.The first part is to conduct a macro analysis of the number of cases of drunk dangerous driving crime through the data analysis of the Judgment Document Network,and to identify the problems that exist in the criteria and elements of criminalization,sentencing standards,and the accompanying effects of penalty application of drunk dangerous driving crime.The second part is to sort out the dilemma of drunken dangerous driving crime in the current judicial application level,which is specifically manifested in the differences in the definition of the legal concept of "road" and "motor vehicle",the dispute over the standard of drunken identification,the dispute over the blood alcohol value of drunken identification,and the problem of the responsibility of drunken"automatic driving" with the development of automatic driving technology.The third part proposes its own views and solutions to the above judicial difficulties,specifically manifested in improving sentencing measures from the legislative level,refining and unifying the implementation of judicial interpretations,criminalizing measures for minor drunk driving behavior,clarifying legal responsibilities during the "autonomous driving"period,and calling for the establishment of a system for eliminating criminal records in the context of light punishment for drunk driving in the new era.