Study On The Sentencing Of Drunk Dangerous Driving Crime In Ningxia

In order to respond to the public ’s high concern about public transport safety and rebuild the public ’s confidence in public transport safety,the legislature formulated the " Criminal Law Amendment(8)" to include dangerous driving behavior into the scope of criminal law regulation,which reflects the negative evaluation of this behavior.After more than ten years of judicial practice,it has been found that the crime of drunken dangerous driving has become the type with the largest number of dangerous driving cases tried by grass-roots people ’s courts.However,throughout the sentencing norms of the crime of drunken dangerous driving,most of them are principled provisions,which to some extent hinder the realization of the goal of fair sentencing.Over the years,in order to accurately apply the law,unify the application of the law,and ensure the balance and fairness of sentencing,the local judicial organs,under the guidance of the sentencing guidance issued by the Supreme People ’s Court,have actively explored and formulated specific implementation rules for the crime of drunken dangerous driving that adapt to local judicial practice,norms and practicality.According to the requirements of sentencing guidance and the judicial practice in the region,Ningxia has also formulated and issued corresponding implementation rules to guide sentencing practice.However,there are still some problems in the specific sentencing practice.This article takes the standardization of the sentencing of drunken dangerous driving crimes in Ningxia as the title,and extracts 1250 judgments from the cases of drunken dangerous driving crimes heard in Ningxia in 2020,2021,and 2022 as research samples.Through the investigation of the basic situation of drunken dangerous driving sentencing norms and sentencing in Ningxia,it is found that there are some problems in the trial of such cases in Ningxia,such as incomplete evaluation of sentencing circumstances,unbalanced application of criminal detention,lack of clear standards for the amount of concurrent fines,and vague standards for probation and exemption from criminal punishment.The existence of the above-mentioned sentencing issues has an immeasurable impact on the unification of the application of law and the realization of sentencing justice,and ultimately affects the people ’s belief in judicial justice and the trust of judicial authority.Based on the analysis of the causes of the above-mentioned sentencing problems,this paper tries to explore the perfect path of the standardization of the sentencing of drunken dangerous driving crimes in Ningxia,from the improvement of the quantitative standard of criminal detention,the improvement of the application of fine punishment and probation,the establishment of the supporting system of sentencing procedures,and the construction of the reference system of sentencing cases in Ningxia.Four aspects are discussed and countermeasures and suggestions are put forward.The development of sentencing standardization of drunken dangerous driving crime in Ningxia is not accomplished overnight.It still needs to undergo the test and investigation of judicial practice.The path selection proposed to improve its sentencing standardization can effectively deal with the complexity and diversity of drunken dangerous driving crime in judicial practice,promote the practice of sentencing standardization of drunken dangerous driving crime,and finally realize the value goal of sentencing justice.