This is a notice that has just come out, jointly issued by the four departments, and the heavyweight is "very high". It is clearly stated:
1. If the circumstances of drunk driving are minor, they may not be prosecuted or convicted and exempted from punishment;
2. Where the circumstances are obviously minor and the harm is not great, it may not be handled as a crime, and administrative punishment may be given in accordance with the provisions of the Road Traffic Safety Law.
In a word, the sanctions for drunk driving have been relaxed. For example, one of them has a meaning that is roughly "no more than 150, no accidents, and generally no jail time." "Compared with the previous blood test value of more than 80 mg and 100 ml, it constitutes a crime, and the public security organs must file a criminal case significantly relaxed.
Many netizens are worried that the relaxation of sanctions will also increase the space for rent-seeking. In other words, will anyone be given this "slight" standard because of power or money?
is like what Chen Qingquan said in the TV series, after all, the regulations are in their hands, they can find them, and they can have the final say.
On the other hand, everyone is more worried that this kind of "relaxation" will provide confidence for some special people, making them more likely to drink and drive, which is harmful to ordinary private cars.
It is necessary to know the previous administrative punishment for drunk driving, and drunk driving is directly criminalized. Even then, there are many people who usually drive drunk and drunk, and there was also a yuwei incident, which detonated a momentary **. Will relaxation lead to an increase in the probability of these phenomena?
If the circumstances are minor" or "the harm is not great", it may not be handled as a crime. In other words, as long as there is no car accident, you will not be punished. Not having a car accident is certainly not harmful, the problem is that it will give those in need the courage to drink and drive, and this "courage" is likely to contribute to a disaster.
What do you mean?The law does not punish for the sake of punishment, but the law needs to use punishment as a rope to achieve the purpose of getting people not to sin. In other words, being hit and killed by a drunk driver and then pursuing or regretting it can only allocate responsibility, but it cannot restore the loss of life.
However, I am curious, doesn't the revision of the law have to be carried out by the National People's Congress or the Standing Committee of the National People's Congress?This is a constitutional provision, and the constitution is the parent law of the Chinese people. What is the situation of the four departments?
In fact, this change can only be said to be an upgrade from "relative non-prosecution", and in some cases close to absolute non-prosecution. The relative non-prosecution has been a case before.
For example, in 2021, a vice principal in Hunan was caught by the police on duty for drunk driving, and later the People's Procuratorate of Furong District, Changsha City, believed that Liu Moumou was a first-time offender, had a good attitude, and decided not to prosecute. Also in that year, Zhang Moumou, the manager of a *** Hunan province in Shanghai, was also arrested for drunk driving, and the People's Procuratorate of Furong District, Changsha City, decided not to prosecute him because he had a good attitude and did not cause harmful consequences. In the same year, the traffic police in Weiyang District, Xi'an, Shaanxi Province found that Yao was drunk driving, which met the standard for drunk driving, and he would never prosecute ...... because of his first offense, leniency in confession, and minor circumstances
What does this mean?In fact, I advise everyone not to worry too much, first, we don't worry about changing anything. Second, there is indeed room for rent-seeking in this kind of change, but do you think there is no room without change?
Although there are many dissatisfied people and many doubts, the most straightforward point is very simple, after the change, some people can continue to retain their status as civil servants for drunk driving.