Research On Criminalization And Exculpation Of Drunk Driving Crime

Content:Drunk driving included as criminal regulations in Criminal Law has been more than ten years.During this period,the number of drunk driving cases far exceeded that of theft cases,and the crime of dangerous driving has become the largest criminal offence in China.Although the high incidence of drunk driving cases is closely related to the rapid growth of the number of motor vehicles and drivers in China and the prosperity of alcohol culture.It is also closely related to the criminal policy that the judicial authorities in China have maintained a strict crackdown for a long time.With the promotion of judicial reform and the deepening of drunk driving governance,the practical circle has changed the "mechanical" judicial concept of casing,prosecuting and imposing sentence for allpetty offenses at the beginning of drunk driving.However,due to the lack of uniform standards for judicial application,the standards and methods of handling drunk driving cases in local documents issued by various regions vary greatly.At present,in the judicial governance of drunk driving cases,there is a widespread problem of "different judgments in the same case" in the country,which not only undermines the unified application of the law,but also will cause the public to question the judicial fairness in the long run.The different handling results of drunk driving cases in different regions reflect that the basic concepts of conviction and punishment of drunk driving crimes have not yet been consistent in the theoretical and practical circles.In view of the legislative purpose of strictly combating drunk driving and the legislative model of the abstract dangerous crime of drunk driving,any behavior that meets the composition of the crime of drunk driving and is illegal and responsible should be examined as a crime of drunk driving.Considering that the "proviso" does not have the basis for universal application to specific crimes in the sub rule and that the "harmfulness" of drunk driving crime has been fully measured by legislators,it is not reasonable and necessary to apply the proviso clause to the case judgment of drunk driving crime.Therefore,in the process of controlling drunk driving crime,all localities need to strictly abide by the basic requirements of the principle of legality.On the one hand,they should not substantially change the standard of criminalization established by criminal legislation on the ground that "the circumstances of the crime are significantly minor and the harm is not great".On the other hand,they should avoid the public security organs from committing drunk driving by withdrawing the case.In the face of such realistic difficulties as a large number of drunk driving cases occupying judicial resources and severe consequences attached to penalties,it is difficult to reach a consensus on the path of committing crimes at the legislative level.Within the framework of the current legal norms,the relatively reasonable way to deal with the break is to limit the interpretation of the criminal composition of drunk driving crime,and reasonably identify the illegal and liability blocking causes in drunk driving cases;At the same time,give full play to the diversion function of the discretionary non prosecution system,and the procuratorial organ will actively make the procedural treatment of non prosecution for drunken driving cases with minor circumstances,so as to achieve the goal of "appropriately committing crimes" through the judicial level on the basis of implementing the criminal policy of tempering justice with mercy.