Investigate On Accomplice Of Drunken Dangerous Driving Crime

Since its establishment,the crime of drunken dangerous driving has played a strong regulatory role.But it is also the most numerous criminal cases in our country,among which there are quite a number of joint crimes.A review of relevant judgments shows that,in the field of judicial practice,there are a series of problems in the identification of accomplices of drunken dangerous driving crime,such as inconsistent identification standards for the principal offender of the crime leading to differences in the identification of accomplices,ignoring the identification or identification of the types of co-offenders,and unclear punishment boundaries for accomplices,which are not conducive to accurate conviction and sentencing.To investigate the reason,there are disputes in the academic circle about the accomplished standard of this crime,the system of accomplice,the basis of punishment,the nature and other aspects,which makes the traditional joint crime identification method in dealing with the relatively new crime of drunk driving,frequently because of unclear basic problems into a dilemma.Therefore,on the basis of clarifying these theoretical disputes,combined with the nature of the drunken dangerous driving crime itself,distinguish different types of accomplices,combined with specific cases to explain.We should make it clear that the completed form of this crime belongs to abstract dangerous crime,on this basis,we can discuss the accomplice of this crime.First of all,about the accomplice system of this crime,the existing theories can be roughly divided into two kinds: unitary system and double distinction system.The unitary system of accomplice has some defects,such as conflating the accomplice’s behavior with the principal’s behavior and improperly expanding the penalty scope of accomplice,but the two-tier system avoids these defects.Secondly,as for the punishment basis of accomplice of this crime,the mixed cause theory of accomplice of cause and effect is more suitable for the protection interests of this crime,enough to show that the contributory factor of drunken dangerous driving crime is directly or indirectly infringing on the road traffic safety,so it is more desirable to take this as the basis for punishing drunk driving accomplice.Finally,on the punishment limit of accomplice of this crime,the theory has independence theory and subordinate theory,the defect of independence theory lies in the improper expansion of punishment scope of accomplice,with subjectivism criminal law color.The theory of subordination has the advantages of centering on the principal offender,limiting the punishment scope of accomplices to a reasonable range,and taking objectivism criminal law as the basic position.Therefore,it should be taken as the basis for the punishment of drunk driving accomplices.On this basis,the author puts forward some suggestions to improve the criteria for the identification of accomplices of this crime: First,in view of the problem that the type of accomplices is not specified or the type of accomplices is unclear in the criminal judgment of this crime,both the function classification and the division of labor classification should be taken into account in the judgment,so as to serve as the basis for the conviction and sentencing of the co-criminals.Secondly,in view of the shortcomings of the traditional methods of identifying accomplices,we should insist on the lawlessness as the focus,the principal offender as the center,and the causality as the core thinking,so as to overcome the problems of improperly expanding the punishment scope of accomplices and the difficulty of implementing the principle of complicity.Thirdly,through listing all the representative types of accomplices of this crime as comprehensively as possible,the identification standard of accomplices of drunken dangerous driving crime is typified.