Public security traffic police departments have been firmly advocating and maintaining the punishment of drunk driving, and the data released by traffic police around the country have been proving the positive impact of drunk driving on the whole society. Recently, the Traffic Management Bureau of the Ministry of Public Security said that in 2020, the proportion of drunk driving per 100 vehicles will drop by more than 70% compared with that before drunk driving. Since 10, the national traffic safety situation has been generally stable, reducing more than 20,000 casualties caused by drunk driving and saving tens of thousands of families from being broken and returning to poverty.
However, the negative impact of drunk driving is still a realistic problem that cannot be ignored and avoided. On the one hand, the crime of dangerous driving is the lightest crime in China's criminal law, and the statutory punishment is criminal detention and fine, while the term of criminal detention is only 1-6 months. On the other hand, the data released by the Supreme Court show that from 20 19, the crime of dangerous driving surpassed the crime of theft for the first time in criminal cases concluded, becoming the first major crime in China's justice.
How many people are convicted of drunk driving and become criminals every year? Drunk driving into punishment 10 How many criminals have a * * * produced? At present, the official has not given specific data. Zhou Guangquan, a deputy to the National People's Congress and a professor at Tsinghua University Law School, said: In the total number of criminal cases in China, the crime of dangerous driving caused by drunk driving accounts for about 1/3, and the number of people sentenced for drunk driving exceeds 300,000 every year.
Recently, the Supreme People's Procuratorate released the main data of handling cases from 202 1 to 1 to March, which basically confirmed the guess of 300,000: from the prosecution charges, 747 13 people were prosecuted for dangerous driving, up 1. 1 times year-on-year; Second, 45,662 people committed theft, up12.6% year-on-year; Ranked third is the crime of fraud 24 173, up 6.7% year-on-year; Fourth place, intentional injury 18749, up 5.2% year-on-year; Ranked fifth is the crime of opening a casino, 17897, up 49.2% year-on-year.
Once 300,000 drunk driving criminals are labeled as criminal record every year, the negative impact on individuals, families and society is not only significant, but also lasting and lifelong. Compared with the positive data released by the traffic police, these direct and indirect negative data are even more difficult to estimate. For example, if a lawyer is sentenced for drunk driving, his lawyer's license will be revoked and he will not be allowed to practice as a lawyer for life. In addition, the criminal record will also affect the political review, and the next generation of immediate family members of lawyers cannot join the party, join the army, apply for civil servants and so on.
The criminal justice policy also responded to the negative impact of drunk driving imprisonment: in the first few years, drunk driving imprisonment was across the board, and all sentences were actually punishments. In recent years, it has been relaxed, and there have been some probation and non-prosecution. The general trend is to gradually relax. Some provinces and cities have felt the seriousness of too many sentences for drunk driving, and even issued local judicial documents to raise the threshold for local drunk driving.
As a matter of fact, the debate about the abolition of drunk driving penalty has never stopped from the beginning to the present. Weighing the pros and cons of drunk driving, some legal experts put forward their own solutions.
Han Deyun, a deputy to the National People's Congress and a Chongqing lawyer, suggested unifying the implementation standards of drunk driving: it is unified and clear in the whole country that if the alcohol content is below 200 mg/100 ml, those who plead guilty and repent, and the circumstances of the crime are minor, they may not be prosecuted or exempted from criminal punishment; If the alcohol content is below 130 mg/100 ml, and it is not harmful, it can be considered that the circumstances are obviously minor and will not be transferred for review and prosecution; General drunk driving, drunk driving behavior, given administrative punishment by the traffic police department.
Zhou Guangquan suggested that the threshold of conviction for drunk driving should be moderately raised, and only those who are unable to drive safely because of drunkenness constitute crimes, thus reducing the incidence of crimes, such as drunk driving hitting people, other vehicles, guardrails, trees, etc. Apart from accidents, driving is certainly not safe. In specific law enforcement, there are many ways to test whether you can't drive safely because of drunkenness. For example, drunken people are allowed to walk in a straight line within a specified time and distance at the scene; Let drunken people identify pictures with certain patterns; Let the drunk read a passage, etc.
Zhu, a deputy to the National People's Congress and a Guangdong lawyer, suggested that the crime of drunk driving should be abolished: it should be dealt with by administrative punishment, including administrative detention and deduction of driver's license points. The amount of fines can also be increased, from three to five thousand, tens of thousands or tens of thousands.
In any case, it is an abnormal judicial phenomenon that the crime of dangerous driving becomes the first crime. For the treatment of drunk driving, imprisonment is not the only means, nor is it omnipotent. On the contrary, punishment is not just laissez-faire. Reasonable setting and full use of administrative punishment measures may also have better treatment effects.
At present, our social governance is still difficult to get rid of the superstition of criminal law. In view of some social problems, some departments and people often have the impulse to commit crimes and are used to raising the so-called illegal costs by means of criminal strikes. With the improvement of social governance concept and the level of rule of law, it may be the general trend to cancel drunk driving punishment.