Criminalization of drunk driving-standard:
From 20 11May1day, "People's Republic of China (PRC) Criminal Law Amendment (VIII)" will be officially implemented, and drunk driving will be investigated for criminal responsibility as a dangerous driving crime. During the "May 1" period, drunk drivers will be criminally detained, and once verified, they will face the punishment of up to half a year's criminal detention.
Drunk driving will be convicted of dangerous driving.
Drunk driving, drag racing and other behaviors will be punished as dangerous driving. In view of the implementation of the Criminal Law Amendment (VIII) in May 1, the Supreme People's Procuratorate and the Supreme People's Law issued the Supplementary Provisions (V) on the Implementation of the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the "Regulations"), which mentioned the above contents.
The "Regulations" supplemented and revised 10, among which drunk driving and racing were sentenced as "dangerous driving crimes". With regard to drunk driving, the Eighth Amendment to the Criminal Law stipulates that those who drive a motor vehicle in pursuit of competitive driving on the road, or those who drive a motor vehicle drunk on the road, shall be detained and fined.
Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. At the same time, the revised Road Traffic Safety Law also stipulates that anyone who drives a motor vehicle after drinking alcohol shall be temporarily detained for six months and fined between 65,438 yuan and 2,000 yuan in 0 yuan.
Drunk driving is punishable-punishment regulations:
Drunk driving, the driver's license for 6 months, and impose a fine of 1000 yuan and 2000 yuan. Those who were previously punished for drunk driving or drunk driving again shall be detained for less than 10, fined more than 1000 yuan but less than 2,000 yuan, and their driving licenses shall be revoked.
Those who drive drunk shall be restrained by the public security organs until they are sober. If the machine driver's license is revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 5 years.
Being detained for driving an operating vehicle after drinking 15 days, fined 5,000 yuan, revoked the driver's license, and not allowed to re-obtain the driver's license within 5 years.
Those who drive and operate vehicles after drinking shall be restrained by the public security organs until they are sober. If the motor vehicle driver's license is revoked, criminal responsibility shall be investigated according to law, and the driver's license shall not be obtained again within 10 years. After obtaining a driver's license again, you may not drive an operating vehicle.
If a serious traffic accident occurs after drinking or drunk driving, which constitutes a crime, criminal responsibility shall be investigated according to law. If the driver's license is revoked, it shall not be re-obtained for life.
Criminalization of drunk driving-influence;
First, civil servants can be fired for drunk driving.
Ma Huaide, vice president and administrative jurist of China University of Political Science and Law, believes that civil servants found drunk driving will face dismissal. The Civil Service Law stipulates that persons who have received criminal punishment and those who have been expelled from public office shall not be employed as civil servants.
Second, employees can be dismissed.
Han Zhi, deputy director of the Institute of Labor Law of Chinese Academy of Management Sciences and a famous labor law expert, believes that legally speaking, if a worker is sentenced for drunk driving, the employer can dismiss him on this ground. At the same time, this criminal record will have an indirect impact on the future life and employment of drunk drivers, such as being eliminated and re-employed, and the loan will be blocked in the future. Whether the labor contract can continue to be performed depends on the employer.
3. Lawyer or revoked practice certificate
Yesterday, Zhang Yansheng, a member of the Practice Discipline and Practice Mediation Committee of the Beijing Lawyers Association and a member of the Criminal Defense Committee of all china lawyers association, said that if he was punished for intentional crime, his lawyer's practice certificate would be revoked. Drunk driving should be a deliberate crime, that is, the driver knows that he can't drive after drinking, but also drives the vehicle. Zhang Yansheng believes that if a lawyer is convicted of drunk driving, his practice certificate may be revoked.
I would like to remind drivers that as long as you are drunk driving, no matter whether the circumstances are bad or not, you will be convicted of "dangerous driving". So, please think about your freedom and safety, and don't drink and drive!
Whether the civil servant was sentenced to probation for drunk driving and was expelled from public office. Civil servants who are sentenced to punishment according to law shall be dismissed.
The Regulations on the Punishment of Civil Servants of Administrative Organs stipulates that:
Article 17 If a civil servant of an administrative organ violates the law and discipline and has been punished, dismissed, dismissed from public office or resigned from leadership positions before the administrative organ makes a decision on punishment, the administrative organ shall punish him according to the facts of his violation of the law and discipline.
If a civil servant of an administrative organ is sentenced to punishment according to law, he shall be dismissed.
According to the express provisions, the staff of state organs who drive motor vehicles after drinking will be punished in accordance with the Traffic Safety Law, and also in accordance with the cadre management authority. If you find drunk driving, give admonition education, informed criticism; Detained for drunk driving, the annual assessment is incompetent and disciplinary action is given; Anyone who escapes after a traffic accident due to drunk driving, or conceals the truth of the accident, which hinders the investigation and handling, resulting in adverse effects and serious consequences, shall be given administrative sanctions according to discipline, and the drunk or drunk driving bus will be aggravated.
If the unit where the functionaries of state organs are engaged in drunken driving is found to have drunk driving for many times within one year or drunk driving by many people or members of the leading group, or drunk driving a bus once within one year, the main leadership responsibility of the unit shall be investigated, and the unit shall not try it first.
The draft under consideration stipulates that those who drive a motor vehicle drunk on the road, or those who drive a motor vehicle chasing a race on the road, if the circumstances are bad, shall be sentenced to criminal detention and fined. This means that drunk driving is not only a crime, but will be punished regardless of the consequences.
Drunk driving is too emotional. During the deliberation, some members of the Standing Committee suggested that the problem of drunk driving should be treated with caution.
People are very angry about drunk driving. Generally speaking, they are in favor of the conviction of drunk driving, but the circumstances should be refined. Judging from the expression of the current draft, whether drunk driving is stopped at the beginning or running on the road for a long time causes traffic jams, it is necessary to immediately convict and detain and impose a fine, which has a certain emotional tendency.
The provisions of the draft are a bit too hard. It is suggested that a certain amount of space should be given according to the seriousness of the case, and a single criminal detention, a single fine or both can be imposed. It is suggested that severe restrictions should be imposed on drunk driving and chasing after racing, so that the amount of imprisonment may be more cautious and emotional legislation should be avoided.
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 punishment should also be increased.
Some members of the Standing Committee believe that the punishment for drunk driving should be increased. However, the criminal detention is relatively light, and it is recommended to be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined. Moreover, he believes that only criminal detention is impractical, difficult to implement and high in administrative costs.
At present, the actual 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 and criminal responsibility is investigated, it may have a better deterrent effect on society. With the advent of the automobile age, the acceleration of urbanization and the improvement of people's living standards, it is better to strictly control drunk driving. Drunkenness and drunkenness are hard to tell.
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.
It is difficult to define drunkenness scientifically. 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, the subject of crime is determined by simply stipulating the blood alcohol content; If you turn drunkenness into drunkenness, anyone who drinks on the road should bear the corresponding responsibility.
Drunk driving is punishable, okay? The original intention of this system is good, because a while ago, there were many vicious incidents caused by drunk driving in China, and the people complained about drunk driving and hated it! Drunk driving into punishment can be said to be legislation in line with public opinion. But legislation can't be done spontaneously, and it must go through strict empirical test and theoretical argumentation. This crime also faces many problems in practice. For a simple example, I know I can't drive after drinking, but I want to move my car and then drive. I didn't expect the police to arrest me at this time, saying that I dared to drive after drinking. After the alcohol test, my blood alcohol content exceeded the standard and I had to confess. Also, some people drink too much, and it's okay to drive after drinking, but just take that thing and test it, and it will exceed the standard! Sorry, get in the car! You said it wasn't a career! Therefore, the problem of drunk driving is really not that simple. There are many problems in practice that need to be reinterpreted and clarified by law! It is difficult to solve the problem simply by stipulating a dangerous driving crime!
Whether drunk driving constitutes a crime. How to treat drunk driving being punished? I called for a long time before I came out.
After stumbling for a year and a half, the "drunken driving conviction" finally came to fruition. 20 1 1 On February 25th, the Criminal Law Amendment (VIII) of People's Republic of China (PRC) was passed by a high vote at the 19th meeting in the National People's Congress Standing Committee (NPCSC), and came into effect on May 25th, 201/. Article 22 of the amendment stipulates that those who drive a motor vehicle on the road to chase after a race, if the circumstances are bad, or those who drive a motor vehicle drunk on the road, shall be sentenced to criminal detention and fined. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment.
The current criminal law of our country stipulates the crime of causing traffic accidents, but criminal punishment must be given only if the perpetrator causes serious negligence. The conviction of "dangerous driving" changed the way of "punishment after accident". Regardless of the consequences, as long as there are dangerous driving behaviors, they will be subject to criminal punishment.
Conducive to cracking down on drunk driving
Drunk driving and racing in urban areas have long been two "killers" that the public hates. In recent years, cases of heavy casualties caused by drunk driving and racing have been pounding the public's nerves. The Sun Weiming case in 2008, the Li Jingquan case in 2009 and the "70 yards" incident in Hangzhou are still fresh in people's minds. How to punish these dangerous driving behaviors from the legislative level has become the best method in the eyes of the judiciary and the public.
In fact, "the crime of drunk driving" has been under great pressure. During the deliberation stage, I heard from time to time that "the crime of drunk driving is too serious and unfair to civil servants", on the grounds that once civil servants are found drunk driving, they will face the punishment of dismissal from public office. Some people question the crime of drunk driving again because the current criminal law of our country has stipulated the crime of causing traffic accidents. In this regard, Guangzhou Daily commented that although China's current criminal law stipulates the crime of causing traffic accidents, criminal punishment is only given if the perpetrator causes serious negligence. Therefore, when punishing this dangerous driving behavior in practice, the crime of endangering public safety is often borrowed. For example, the Opinions on the Application of Laws on Drunk Driving Crimes formulated by the Supreme Law at the end of 2009 pointed out that if drunk driving causes heavy casualties, it should be convicted of endangering public safety according to law. The lack of legislation makes it difficult for the law to play a better warning and crime prevention role in drunk driving, so we have to stay in the case of "combined punishment". The conviction of "dangerous driving" changed the way of "punishment after accident". Regardless of the consequences, as long as there are dangerous driving behaviors, they will be punished, which highlights the respect for life by the law and is more conducive to cracking down on drunk driving and reducing drunk driving.
Throughout the world, in view of social problems such as drunk driving and racing, the common practice is to prevent problems through legislation. For example, in the United States, once it is recognized as "drunk driving", it will be detained and imprisoned, and the severe case can be sentenced to 1 year in prison; In Singapore, recidivists who drink and drive may even face up to 10 years in prison. ...
Most car owners support "guilty of drunk driving"
According to Chengdu Business Daily, in a survey of 50 citizens in Chengdu, * * * 4 1 citizens clearly expressed their support for the new provisions of the criminal law revision, hoping to crack down on drunk driving by more severe means; Six citizens explicitly object that the use of criminal punishment is too severe and unfair to those who make mistakes accidentally; Three others said it was understandable, but not optimistic. As for the implementation effect, most people have reservations.
Mr. Zhu is a university researcher. He has 8 years of driving experience and has no drinking habit. He believes that the punishment for drunk driving must come up with a truly deterrent punishment method and must be severely cracked down. Mr. Liu is a civil servant and has six years of driving experience. He also believes that "drunk driving can't help but make drivers and pedestrians feel unsafe." There are also some citizens who object to this. Mr. Ren is an architectural designer with eight years' driving experience and no drinking habit. He doesn't think it will be effective to add only one charge. If drunk driving becomes a criminal punishment, it will be decided by the court, and the cost of law enforcement is high. Miss Li, a teacher, thinks it is too much to treat drunk drivers as criminals. If there are no consequences, the court will sentence him to death, which is not good for his later life.
The reporter randomly interviewed some car owners in Foshan and found that the support rate for "drunk driving into prison" was as high as 90%, except that some interviewed civil servants thought that the sentence was too heavy and directly affected the future. The survey of a large portal website also shows that the support rate of "drunk driving into prison" is as high as 88.3%, and only 8.2% are against it.
Many car owners admit that the medical report is not ideal and it is not suitable for drinking. "Convinced" can be used as a good shield for drinking in the future. "Wine culture is popular again, and you can't force others to commit crimes." Many "not greedy" car owners cheered for this.
Looking forward to more detailed details.
When interpreting the new regulations, Xu Yufa, a senior lawyer in Foshan, said that compared with before, drunk driving was only fined 500-2,000 yuan for detaining or temporarily withholding the driver's license for 3-6 months in accordance with the Road Traffic Safety Law, and the criminal law amendment significantly increased the illegal cost of drunk driving. However, Xu Yufa said that there are still many controversies about the punishment of drag racing in the criminal law amendment. What kind of situation belongs to "car chasing" and what kind of situation belongs to "bad". I also look forward to more details, such as quantifying the violation of speed and private space. Otherwise, it will be difficult to define the criminal detention of racing.
Wei Dong, a professor of criminal law at Sichuan University, said that once drunk driving is convicted, it involves the issue of execution, and execution involves the issue of judgment. How to define the standard of judgment? This involves many specific problems, and it is not easy to operate in practice, and many programs need to be improved. Hu Dongfei, an associate professor at Southwestern University of Finance and Economics Law School, also pointed out that in practice, there are too many drunk drivers and the evidence is not fixed, so there is no way to deal with it. Conviction of drunk driving may deter drivers and reduce traffic accidents, which is just wishful thinking. In addition, once drunk driving produces harmful results, is the crime of traffic accident or drunk driving applicable? This will bring great trouble to the judicial treatment. In addition, it is also a question whether people who have been drunk driving for a long time constitute recidivists.
At present, drunk driving, racing and malicious unpaid wages are more and more likely to occur, and their social harm is gradually expanding. In this context, it is not only the need of the times, but also the proper meaning of the law to protect people's livelihood.
The National People's Congress Standing Committee (NPCSC)'s Criminal Law Amendment (VIII), which was passed by vote on 25th, criminalizes drunk driving, racing, refusing to pay labor remuneration and other behaviors that seriously endanger the interests of the masses, and stipulates that those who drive a motor vehicle in pursuit of racing on the road, if the circumstances are bad, or those who drive a motor vehicle drunk on the road, shall be sentenced to criminal detention and fined. At the same time, the long-awaited "malicious arrears of wages" was also convicted.
After three deliberations, the eighth draft of the criminal law amendment is controversial. Finally, 13 economic non-violent crime was abolished by voting, and new charges such as refusing to pay workers' remuneration, drunk driving and racing were added. On the one hand, it embodies the legal principle of combining leniency with severity, on the other hand, it also embodies the characteristics of humanization and modernization of law.
There is no doubt that there is a problem of "the death penalty is too heavy and the life imprisonment is too light" in the actual implementation of China's criminal law. Therefore, the abolition of 13 in the Criminal Law Amendment (VIII) is also in line with the general trend of gradually reducing the death penalty. However, reducing the death penalty does not mean lowering the dignity and threshold of the law. The vitality of law lies in that it can be adjusted at any time according to the needs of social development and the actual situation. At present, the probability of drunk driving, racing and malicious unpaid wages is increasing, and its social harm is gradually expanding. The indifference of the law is actually an indirect connivance. In this context, it is not only the need of the times, but also the proper meaning of protecting people's livelihood by law to formally criminalize dangerous driving behaviors such as drunk driving, racing, refusing to pay remuneration and maliciously defaulting on wages.
Drunk driving and racing in urban areas have long been the two "road killers" hated by the public. Cases of heavy casualties caused by drunk driving and drag racing have occurred frequently in recent years. The Sun Weiming case in 2008, the Li Jingquan case in 2009 and the "70 yards" incident in Hangzhou are still fresh in people's minds. How to punish these dangerous driving behaviors, the judiciary and the public have been calling for a solution from the legislative level. Throughout the world, there are also widespread social problems such as drunk driving and racing. The common practice is to prevent problems through legislation. For example, in the United States, once it is recognized as "drunk driving", it will be detained and imprisoned, and the severe case can be sentenced to 1 year in prison; In Singapore, recidivists who drink and drive may even face up to 10 years in prison. ...
Although there is a crime of causing traffic accidents in China's current criminal law, criminal punishment is only given if the perpetrator causes serious negligence. Therefore, when punishing this dangerous driving behavior, it is often necessary to "borrow" the crime of endangering public safety. For example, the Opinions on the Application of Laws on Drunk Driving Crimes formulated by the Supreme Law at the end of 2009 pointed out that if drunk driving causes heavy casualties, it should be convicted of endangering public safety according to law. The lack of legislation makes it difficult for the law to play a better warning and crime prevention role for drunk driving, so we have to stay in the case of "combined punishment". This conviction of "dangerous driving" has changed the way of "punishment after accident". Regardless of the consequences, as long as there are dangerous driving behaviors, they will be punished, which highlights the respect for life by the law and is more conducive to cracking down on drunk driving and reducing drunk driving.
In fact, the conviction of drunk driving was also passed under considerable pressure. During the deliberation stage, I heard from time to time that "the crime of drunk driving is too serious and unfair to civil servants", on the grounds that once civil servants are found drunk driving, they will face the punishment of dismissal from public office. Not to mention that everyone is equal before the law, civil servants do not enjoy the privilege of extra-legal kindness, and questioning the crime of drunk driving on the pretext of unfair dismissal from public office is, in a sense, obstructing the law from keeping pace with the times. This kind of legal logic is the most terrible. From this perspective, the crime of drunk driving reflects not only the progress of law.
The laws of any era cannot be divorced from reality. Adjusting laws in time according to the new social situation is a civilized embodiment of the legal era. It is expected that the following judicial interpretation will provide better operating rules for the newly added crimes of dangerous driving and malicious unpaid wages.
What is drunk driving into criminal law? Drunk driving means that drunk driving should be punished. The punishment is mandatory. If the suspect does not obey, he can be criminally detained and a fugitive can be wanted. There is no room for discussion.
The law provides that:
Article 133 Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Is it serious for civil servants to be expelled from public office when they are drunk? Expelling from public office is already a very serious matter.
The Civil Servant Law stipulates that civil servants are state functionaries who perform public duties according to law, and state laws strictly stipulate that civil servants perform their obligations according to law. If a civil servant is drunk driving a motor vehicle, or a major traffic accident occurs after driving a motor vehicle after drinking alcohol, which constitutes a crime, the public security organ will strictly investigate the criminal responsibility according to law, which is equivalent to the civil servant smashing his own "iron rice bowl". According to the second paragraph of Article 17 of the Regulations on Punishment of Civil Servants of Administrative Organs, civil servants of administrative organs who are sentenced to punishment according to law shall be dismissed.
According to the express provisions, the staff of state organs who drive motor vehicles after drinking shall be punished in accordance with the traffic safety law and the cadre management authority.
If you find drunk driving, give admonition education, informed criticism; Detained for drunk driving, the annual assessment is incompetent and disciplinary action is given; Anyone who escapes after a traffic accident due to drunk driving, or conceals the truth of the accident, which hinders the investigation and handling, resulting in adverse effects and serious consequences, shall be given administrative sanctions according to discipline, and the drunk or drunk driving bus will be aggravated.
Where a staff member of a state organ who has drunk driving is found to have drunk driving many times or more within one year or drunk driving a bus once within one year, the main leadership responsibility of the unit shall be investigated, and the unit cannot judge first.
What is the legal significance of drunk driving? It is the legal embodiment of the people-oriented ruling idea, which embodies the respect of life by law and is conducive to further arousing people's respect for life.
It is a concrete embodiment of the concept of governing the country according to law, embodies the standardization and guidance of law, and is conducive to enhancing people's legal concept.
It is conducive to the realization of harmony between people and vehicles and social harmony.