Drunk driving was formally convicted on May 1 day.
Teacher Lu from the School of Politics and Law of Anhui Normal University introduced that the Criminal Law Amendment (VIII) was adopted at the 19th meeting of the 11th National People's Congress Standing Committee on February 25th, 20 1 1, and will be implemented on May 20th 1/. Article 22 of the amendment stipulates that one article shall be added after Article 133 of the Criminal Law as one of Article 133: "Whoever drives a motor vehicle to chase and race on the road and the circumstances are bad, or who drives a motor vehicle drunk on the road, shall be sentenced to criminal detention and fined. Those who commit the acts mentioned in the preceding paragraph and at the same time constitute other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. "
Luo Hai, head of the public relations department of Wuhu Traffic Police Detachment, said that in order to fight the battle of "don't drive after drinking", the Ministry of Public Security has successively issued "four uniforms", and all drunk driving behaviors have upper limits; On March 20 10, the order number was issued as 1 1, which stipulated that the illegal behavior of drunk driving was recorded once 12 points. Now drunk driving is convicted and sentenced for "dangerous driving", and the new road traffic safety law implemented in May of 1 year has also increased. Drunk driving, the driver's license shall be revoked, and it shall not be re-acquired within 5 years. The fine for drunk driving was raised from 200-500 yuan to 1 1,000-2,000 yuan, and the period for temporarily suspending the driver's license was raised from 1-3 months to 6 months. This has had a far-reaching impact on current traffic management.
According to the reporter's investigation, although the public security department is constantly vigorously rectifying drunk driving, drunk driving is still repeatedly banned. 20 10 Wuhu traffic police department * * * investigated and dealt with drunk driving violations 2 13 1, including 2027 drunk driving and 0/04 drunk driving. Since the beginning of this year, the traffic police department has investigated and dealt with 764 cases of drunk driving, including 730 cases of drunk driving and 34 cases of drunk driving. Judging from the above data, drunk driving is still on the rise, and traffic accidents caused by it are also worrying.
Lu believes that the addition of "dangerous driving crime" in the Criminal Law Amendment (VIII), which will be implemented on 1 next month, conforms to the public's demands for safe travel and the requirements for building a harmonious society to a certain extent, and also reflects that China's criminal law keeps pace with the times. In terms of punishment, the addition of "dangerous driving crime" has increased the illegal cost of the perpetrator to a certain extent, which can strengthen the deterrent effect on the attempted offenders; From the legislative point of view, the addition of "dangerous driving crime" defines the form of conviction as "dangerous crime", which has a low threshold and does not require the "serious consequences" of "traffic accident crime", which is more conducive to the realization of "being punished as a crime" than the "crime of endangering public safety by dangerous means" stipulated in Article 1 14 of the Criminal Law. Judging from the nature of punishment, the addition of "dangerous driving crime" is more severe for civil servants and public officials, because according to the second paragraph of Article 1 7 of the Regulations on Punishment of Civil Servants in Administrative Organs, which came into effect on June12007, civil servants in administrative organs will be expelled if they are sentenced to punishment according to law.
The person in charge of the traffic police detachment in Wuhu said that in recent years, vicious traffic accidents caused by drunk driving have occurred in Chengdu, Nanjing, Hangzhou and other cities in China. Some drunk drivers were punished for the crime of causing traffic accidents, and some drunk drivers were sentenced for the crime of endangering public safety. "Drunk driving is a crime" means that all drunk drivers are not illegal suspects, but criminal suspects, and even if there are no serious consequences, they may be sentenced to punishment.
The 20th meeting of the 11th the National People's Congress Standing Committee (NPCSC) voted yesterday to amend the Road Traffic Safety Law, stipulating that a person whose driver's license has been revoked due to drunk driving may not be re-examined within five years. This also means that drunk driving is not only a deduction for driver's license, but also an administrative punishment for expelling public office.
Drunk driving is forbidden for life.
From May this year 1, the Eighth Amendment to the Criminal Law will be implemented. In order to link up with it, the new "Road Traffic Safety Law" has deleted the provisions on the detention of offenders who drive motor vehicles after drinking. Drunk driving will get you arrested. More seriously, the new Road Traffic Safety Law stipulates that drunk drivers will be banned from driving for life.
Twice drunk driving, revoked driver's license.
The new "Road Traffic Safety Law" will increase the fine for driving a motor vehicle after drinking from 200 yuan to 500 yuan to 1000 to 2,000 yuan, and the period for temporarily suspending a motor vehicle driver's license from 1 month to 3 months to 6 months. After being punished for driving a motor vehicle after drinking, anyone who drives a motor vehicle after drinking again will be detained on 10, fined 2000 yuan, and his motor vehicle driving license will be revoked.
Drunk driving revoked driver's license for five years.
In the new "Road Traffic Safety Law", the punishment of temporarily withholding a motor vehicle driver's license for drunk driving is changed to revocation of a motor vehicle driver's license, and it is not allowed to obtain a motor vehicle driver's license again within five years. The penalty of detention 15 days was also increased, and the fine was increased from 500 yuan to 5,000 yuan; For drunk driving and operating a motor vehicle, the punishment of temporarily withholding the motor vehicle driver's license shall be changed to revocation of the motor vehicle driver's license, and the motor vehicle driver's license shall not be re-obtained within 10 years; After obtaining a motor vehicle driver's license again, you are not allowed to drive or operate a motor vehicle.
Drunk driving may be terminated.
"Drunk driving" is officially defined as a criminal offence, which can be sentenced to criminal detention and fined. At that time, drunk driving will bear criminal responsibility, up to 6 months of criminal detention. "Drunk driving" is punished, and drunk driving is a crime, which will undoubtedly affect the life of the parties. Article 17 of the Regulations on Punishment of Civil Servants of Administrative Organs stipulates: "Civil servants of administrative organs shall be dismissed if they are sentenced to punishment according to law." This means that civil servants who are sentenced to criminal detention for drunk driving will be expelled from public office. Article 25 of the Labor Law stipulates: "If criminal responsibility is investigated according to law, the employer may terminate the labor contract." Accordingly, anyone who constitutes a criminal offence due to drunk driving can be expelled from public office or terminate the labor contract by enterprises and institutions. Article 49 of the Lawyers Law stipulates: "If a lawyer is subject to criminal punishment for intentional crime, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall revoke his lawyer's practice certificate."
Students are forbidden to take the civil service exam for life after drunk driving.
If a drunk driver is a student at school, he will be permanently disqualified from applying for civil service. In the recruitment of civil servants, it is also clearly stipulated that those who have been criminally punished and expelled from public office are not allowed to apply.
According to Article 30 of the Regulations on Disciplinary Actions of China * * * Production Party party member, anyone who is sentenced to the principal punishment (including probation) stipulated in the Criminal Law for intentional crime shall be expelled from the Party. According to the Eighth Amendment of Criminal Law, drunk driving should be an intentional crime, which also means that party member will be expelled from the Party if convicted of drunk driving. This group of manuscripts is integrated with Xinhua News Agency and Jinghua Times.
Civil servants are drunk or fired.
The second draft of the criminal law amendment proposed that drunk driving a motor vehicle, regardless of whether the circumstances are bad or not, will be convicted of "dangerous driving", sentenced to criminal detention and fined. Is "drunk driving" a crime? How to punish? Members of the National People's Congress Standing Committee (NPCSC) once again had a heated discussion on these issues when they deliberated the draft amendment to the Criminal Law (VIII) in groups on 2 1. Some members believe that drunk driving is a crime, and national public officials will generally face the punishment of dismissal from public office after committing a crime, which is "very serious" for civil servants. Others believe that government officials should be more exemplary in obeying the law.
A point of view
Drunk driving is easy to cause a wide range of attacks.
"At present, drunk driving is a bit emotional. Everyone is very angry about drunk driving and driving on the road, but in fact this kind of behavior has been governed by law, so we should be very cautious in criminal conviction. " Commissioner Li Lianning pointed out that the second draft of the draft stipulates that drunk driving a motor vehicle, regardless of whether the circumstances are bad or not, will be convicted of "dangerous driving", which will easily lead to a wide-ranging blow.
He suggested giving certain space according to the seriousness of the circumstances, such as a single criminal detention, a single fine, or both, and adding "serious circumstances" after "drunk driving" and chasing racing.
Viewpoint 2
Criminal detention for drunk driving is still light.
However, some members of the Standing Committee believe that the punishment for "drunk driving" should be aggravated. Member Ren Maodong thinks that only criminal detention is light, and proposes to change it to "fixed-term imprisonment of not more than three years or criminal detention and a fine." Moreover, he believes that only criminal detention is impractical, difficult to implement and high in administrative costs.
Commissioner Lang Sheng pointed out that the current practice of "drunk driving" is administrative detention, but it seems that it has little effect at present. If it reaches the level of "drunk driving", it may have a better deterrent effect on society to pursue criminal responsibility. "With the advent of the automobile era and the improvement of the living standards of ordinary people, it is better to strictly control' drunk driving'."
Viewpoint 3
Civil servants should take the lead in setting an example in drunk driving.
Some members also asked whether there could be some transitional provisions on the crime of drunk driving. At present, drunk driving is a crime, and national public officials generally face dismissal from public office after committing crimes, with serious consequences. The Regulations on Punishment of Civil Servants in Administrative Organs passed by the State Council in 2007 stipulates that civil servants in administrative organs shall be dismissed if they are punished according to law. When recruiting national civil servants, it is also stipulated that those who have been criminally punished for crimes may not register.
Zhou Guangquan, a member of the Law Committee of the National People's Congress, believes that national public officials should set an example first, so that their actions can have credibility, and there is no problem that moral requirements are higher than ordinary people. He analyzed that China is currently in a period of social transition, and a transitional society also means a risk society. It is also acceptable to severely suppress some serious and prominent social problems by means of punishment.
Viewpoint 4
In fact, it is difficult to judge the state of drunk driving.
According to the current standards, drivers whose blood alcohol concentration is 20 mg to 80 mg per 100 ml are drunk driving, and drivers whose blood alcohol concentration exceeds 80 mg per 100 ml are drunk driving.
Member Cong Bin believes that it is difficult to define "drunkenness" from a scientific point of view. Different people have different tolerance to alcohol. Some people have an alcohol content of more than 200 mg, while others may only have 20 mg, but they are unconscious. Member Lang Sheng also pointed out that countries have different standards for the degree of drunkenness.
In order to solve this problem, Cong Bin proposed two methods to improve supervision. One is to simply stipulate how many milligrams of alcohol in the blood exceeds, and determine the subject of crime in a quantitative way. The second is to get drunk. As long as you drive on the road after drinking, causing property and personal losses to others, you will bear criminal responsibility.