The official implementation of a new regulation on drunk driving has aroused widespread attention and heated discussions from all walks of life. The new regulations are jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice in the "Opinions on Handling Criminal Cases of Dangerous Driving While Intoxicated" (hereinafter referred to as the "Opinions"), which make some adjustments to the criminalization standards and punishment methods for drunk driving, aiming to reflect the principle of blending leniency and severity and precise justice.
According to the Opinions, the criterion for judging drunk driving is still that the blood alcohol content reaches 80 milligrams and 100 milliliters or more, but for drunk driving with minor circumstances and little harm, it can not be treated as a crime and administrative punishment shall be imposed in accordance with the provisions of the Road Traffic Safety Law;For drunk driving conduct where the circumstances are more serious and the harm is greater, leniency provisions such as non-prosecution and conviction and exemption from punishment may be applied;For drunk driving conduct where the circumstances are heinous and the harm is serious, a heavier punishment may be given, and a suspended sentence is generally not applied. The "Opinions" also clarify which circumstances are minor, serious, or heinous, so as to facilitate the judicial organs to handle cases in accordance with the law.
The promulgation of the "Opinions" is an amendment to the 2010 drunk driving sentence. At that time, in order to curb the serious traffic accidents and social harm caused by drunk driving, the Criminal Law Amendment (8) formally criminalized drunk driving as a dangerous offense, and it was no longer necessary to cause actual consequences, as long as it was drunk driving, it could constitute a crime. Moreover, in order to better play a deterrent role, more emphasis was placed on "drunk driving is a crime" in the publicity.
However, in the course of 13 years of implementation, some problems have also been exposed. On the one hand, drunk driving has become the "number one crime", with more than 300,000 people being sentenced every year, seriously occupying judicial resources and labeling many people as "criminals", affecting their families, careers and social integration. On the other hand, the "criminalization of all" also ignores the differences in drunk driving behaviors, and indiscriminately convicts and criminalizes all drunk drivers, which is contrary to the principle of fairness and justice. For example, some people are driving drunk because of emergencies such as first aid for the injured and sick, moving and parking, some people are drunk because they misjudged their level of intoxication after drinking, and some people are drunk driving because they deliberately ignore the law.
Therefore, the promulgation of the "Opinions" is a refined adjustment of the punishment of drunk driving, and it is also an innovation in the management of drunk driving. It has neither relaxed the intensity of the crackdown on drunk driving, nor has it lowered the criteria for determining drunk driving, but has adopted different methods of dealing with drunk driving according to the specific circumstances and degree of harm caused by drunk driving, and has achieved the effect of leniency and severity, moderation and moderation, and law and mercy. It embodies the spirit of judicial humility and the attitude of seeking truth from facts, and also meets the expectations and needs of society.
Of course, the "Opinions" are not flawless, and they still need to be continuously improved and optimized in practice. For example, how to define the circumstances of drunk driving is minor, serious, and heinous, how to ensure that the discretion of the judiciary is not abused or used, how to ensure the openness, transparency, fairness and justice of the judiciary, how to strengthen the prevention and education of drunk driving, how to guide the rational understanding and participation of the society, etc., are all problems that need to be further improved and solved.
In short, the introduction of the new regulations on drunk driving is an amendment to the criminalization of drunk driving, and it is also an innovation in the management of drunk driving. It is neither a lenient treatment for drunk driving, nor an open back door for drunk driving, but a precise justice for drunk driving and a reasoned and evidence-based governance of drunk driving. We should look at this change rationally, neither worry too much, nor cheer too much, but actively cooperate and work together to contribute to maintaining road traffic safety and social harmony and stability.