Study On The Use Of Non-prosecution In Drunk Driving Cases

In 2011,drunk driving behavior was officially written into the “Criminal Law Amendment(VIII)”,since then opened the era of China’s criminalization of drunk driving.To date,the criminalization of drunk driving has been more than ten years,after the criminalization of drunk driving road traffic safety has been improved,the reduction of vicious traffic accidents caused by drunk driving,we affirm the effect of criminal law on the regulation of drunk driving behavior,but also can not ignore the emergence of new problems in governance.At present,the number of drunk driving cases has increased dramatically,crowding our judicial resources,the number of crimes continues to rise,and the "criminal labeling" effect also seriously affects their subsequent survival.In order to protect the legitimate rights and interests of Drunk Driving offenders,safeguard the national judicial credibility,and improve the governance model of Drunk Driving cases,it is important to study the application of the non-prosecution system to Drunk Driving cases.This paper mainly adopts theoretical research,empirical research and case study methods to study the necessity of applying the non-prosecution system to Drunk Driving cases,the current judicial situation,the specific consideration of circumstances and the dilemma of application,and finally proposes solutions to the dilemma in application.The second chapter of the thesis focuses on the extensive collection and collation of theories related to non-prosecution in Drunk Driving cases,and discusses the necessity of applying the non-prosecution system to Drunk Driving cases in the light of the current judicial status of Drunk Driving governance.The third chapter is the empirical research part,in which the grassroots people’s procuratorate in L district of J city is selected for field research,and the data of Drunk Driving cases handled by this grassroots procuratorate are statistically,summarized and analyzed to understand the current status and characteristics of non-prosecution in Drunk Driving cases.The research is based on a small-scale analysis of the specific circumstances considered in the application of the non-prosecution system in Drunk Driving cases,and in Chapter 4,a specific analysis is conducted to clarify the specific identification process and the key points of each circumstance.This chapter will provide a detailed analysis of the dilemmas and problems in the application of the non-prosecution system in Drunk Driving cases,based on the aforementioned research findings,by summarising the controversial views of academics and combining them with real cases in judicial practice.Chapter 6 focuses on the aforementioned dilemmas in the application of Drunk Driving cases,and proposes suggestions for improvement.The main point of this thesis is that through the research on the judicial practice of non-prosecution in Drunk Driving cases,it is concluded that the following circumstances are considered in the application of the non-prosecution system to Drunk Driving cases:blood alcohol content,driving behavior,damage consequences,attitude of confession and repentance,and the number of crimes.However,the following dilemmas exist in the process of applying the non-prosecution system to Drunk Driving cases: the application of different standards of non-prosecution around the world,the controversial identification of "road" and "motor vehicle",the controversial identification of the crime form and surrender,and the lack of follow-up and administrative punishment in Drunk Driving cases.The first of these is to make sure that the person is not a victim of a crime.The above dilemma can be solved from two levels: legislative construction and judicial improvement.In the legislative level,improve the judicial interpretation of drunk driving governance,"road" "motor vehicle" to further explain;distinguish between "significant minor crime" and "minor crime".The "minor crime" of the applicable circumstances;improve the provisions of the Road Traffic Safety Law.In the judicial level,you can explore the drunk driving cases with conditional non-prosecution system,innovative new forms of drunk driving non-prosecution;enhance the reasoning of drunk driving cases non-prosecution instruments,standardize the process of determining the circumstances;strengthen the supervision of the discretionary power of the procuratorial authorities not to prosecute,to prevent the unreasonable expansion of the border of non-prosecution.