| Since the integration of drunk driving into criminal law,the essential attributes of drunk driving dangerous driving have been elevated from an administrative offense to a criminal offense,reflecting China’s determination to increase its efforts to combat drunk driving and drunk driving,and to effectively curb and deter the existence of drunk driving and drunk driving offenses in society.However,because of the recurring,persistent and long-term nature of drunk driving and drunk driving,the number of drunk driving dangerous driving crimes has gradually increased,triggering widespread concern among academics,practitioners and the public,and as the judicial interpretation of drunk driving dangerous driving crimes and the minutes of provincial and municipal meetings continue to be issued,the problems in the application of the law have gradually come to the fore.This article is based on a study of the criminal integration perspective,and it is particularly important to clarify reasonable incrimination standards and criminalization paths.This paper analyzes the application of the law by studying the relevant cases of DUI dangerous driving offenses,taking the cases of drunk driving moving parking spaces and drunk driving emergency medical treatment as examples,and analyzing the application of the law based on the results of the judgment on the basis of the clarification of the relevant cases and the facts identified by the court.The court clarified the basic theories of dangerous driving and DUI,listed the elements of DUI,the factors affecting the conviction and sentence of DUI,and the accompanying consequences of the crime after the conviction and sentence of the DUI offender,following the hierarchy from the conformity of the constitutive elements to the illegality to the culpability.By analyzing the current situation of the legal application of DUI-type dangerous driving offenses and putting forward the difficulties faced in practice,two aspects of problems will be faced in the criteria for conviction of DUI,namely,the identification of the constituent elements of the crime and the formalization of the danger judgment,the identification of the elements of the constituent elements such as the degree of intoxication,oversized electric vehicles,and roads is controversial;the circumstances of incrimination in the act of DUI are unclear,what circumstances belong to the illegality deterrence The reason and the responsibility to prevent the matter and how to apply the proviso to be criminalized is not explicitly provided,how to do a good job after the criminalization of drunk driving and the interface with administrative law and other issues to be resolved.The proposed countermeasures and suggestions are aimed at the problems that may arise in the practice of DUI,such as refining the criteria of DUI by strictly identifying the constituent elements of DUI,combining materialization and formalization in the judgment of danger,improving the path of DUI conviction,combining the conformity of constituent elements with the deterrence of illegality and the deterrence of liability,and clarifying the circumstances.In addition,we will improve the path to conviction for DUI by combining the elements of the crime with the reasons for the violation of the law and the reasons for the prevention of liability,and clarify the circumstances of "non-significant and minor" DUI,as well as the connection with administrative law after the conviction of the offender.The various disciplines are interconnected,cracking the application of drunk driving dangerous driving crime problems can not start from a single discipline,should break the information barriers between disciplines,from the perspective of criminal integration,comprehensive consideration of substantive law and procedural law level factors,to the criminal law as the basis for the development,while involving criminal procedure law,administrative law and other related disciplines of coordination,and actively explore the construction of a long-term mechanism of drunk driving governance,with the rule of law thinking In order to solve the problem with the rule of law,so as to enhance the public’s sense of access,happiness and security in the field of public transportation. |
