Five deputies to the National People's Congress talked about the crime and governance of drunk driving.
Unify judicial standards for law enforcement
Handling drunk driving cases with high quality and efficiency
Representative Chen Youkun.
Representative Fu Qingmei.
Representative Meng Yuan. 
Deputy Li Shiliang.
Representative Zhang Jian. The social response is great, and the circle of friends has swiped the screen! Chen Youkun, deputy to the National People's Congress, executive vice president of the Chongqing Lawyers Association, secretary of the Party Committee and director of Beijing Dacheng (Chongqing) Law Firm, commented on the "Opinions on Handling Criminal Cases of Dangerous Driving While Drunk" (hereinafter referred to as the "Opinions") jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice: It is of great significance to unify the national judicial standards for drunk driving law enforcement and strengthen the governance of drunk driving, and help eliminate the law enforcement and judicial problems caused by regional differences in the past. Legal authority and judicial impartiality. ”
The reporter learned that since the criminalization of drunk driving, all localities have adhered to strict law enforcement, fair justice, and punished drunk driving and drunk driving violations and crimes in accordance with the law, effectively safeguarding the safety of people's lives and property and road traffic safety. At the same time, some new situations and new problems have also been encountered in the handling of drunk driving cases, and in accordance with the new situation, new changes and new requirements, the "two supreme courts and two ministries" have actively responded to social concerns, summed up the experience of various localities, and formulated the "Opinions" after in-depth research and consultation, listening to the opinions and suggestions of judicial practitioners, experts and scholars, and soliciting the opinions of the Legislative Affairs Commission of the Standing Committee of the National People's Congress.
The judicial standards for drunk driving law enforcement across the country have been unified
The standard for punishing drunk driving has been based on the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Law in Handling Criminal Cases of Driving Motor Vehicles While Intoxicated, issued in 2013. It stipulates that driving a motor vehicle on the road with a blood alcohol content of 80 milligrams and 100 milliliters or more is considered to be driving a motor vehicle while intoxicated, and is convicted and punished as the crime of dangerous driving.
However, in practice, there has been a situation in which there is a lack of uniformity in law enforcement and judicial standards in various localities.
Fu Qingmei, a deputy to the National People's Congress and secretary of the party committee of Yuduo Town, Qianxi City, Guizhou Province, observed that this situation of inconsistent law enforcement and judicial standards has been properly resolved after the new "Opinions" were promulgated. The "Opinions" focus on solving the lack of uniformity in law enforcement and judicial standards for drunk driving cases in various regions.
I. Address the issue of imbalance, unifying standards for administrative punishments, criminal case filing, prosecution, sentencing, and so forth, to ensure that law enforcement and justice are more standardized. While reiterating the standard for drunkenness with a blood alcohol content of 80 mg to 100 ml, it also fully considers factors such as the motive and purpose of drunk driving, the degree of intoxication, the type of motor vehicle, road conditions, driving time, speed, distance, consequences, and the expression of admitting guilt and remorse, clarifying the specific standards and circumstances for which the circumstances are obviously minor, the circumstances are minor, and the general non-application of probation, and stipulating the starting point and range of fines.
This means that only a single standard of blood alcohol content has been optimized, and the Opinions have established a diversified standard for the criminalization of drunk driving in the form of "drunk driving behavior, blood alcohol content and circumstances".
The Opinions have improved and unified the standards for criminalization, punishment, and evidence review. Meng Yuan, a deputy to the National People's Congress and head of the Communist Party member service team of the Guang'an Power Supply Company of the State Grid Sichuan Electric Power Company, believes that the "Opinions" have truly achieved the leniency of the people, the severity of the punishment, and the punishment of the crime.
Effective connection from criminal crackdown to administrative punishment
The promulgation of the "Opinions" shows that the judicial organs' stance on cracking down on drunk driving has not changed. Li Shiliang, deputy to the National People's Congress, president of the Sichuan Lawyers Association, and chief partner of Grandall Law Firm (Chengdu), said.
Deputy Li Shiliang noted that the "Opinions" clearly stipulate the stance of "cracking down severely" on the behavior of driving a motor vehicle while intoxicated, for example, the crackdown has been intensified against those who have been subject to administrative punishment or criminal prosecution for driving a motor vehicle under the influence of alcohol. In addition, on the basis of the 8 aggravating circumstances stipulated in the "2013 Opinions", the "Opinions" have adjusted and added 7 aggravating circumstances, such as drunk driving on school buses, "drug driving" and "drug driving".
A number of deputies to the National People's Congress noted that in order to avoid the unjust phenomenon of not punishing without punishment, the "Opinions" make it clear that drunk driving offenders who do not pursue criminal responsibility should be subject to administrative punishment in accordance with the law. In this regard, Deputy Li Shiliang said that this meets the needs of the management of misdemeanors, promotes the effective connection from criminal crackdown to administrative punishment, and conforms to the overall form of the current criminal structure.
Deputy Chen Youkun suggested that the procuratorial organs should further strengthen the supervision of the implementation of the "Opinions", strengthen communication and coordination with the courts, public security and other departments, form a long-term mechanism for punishing drunk driving, and use procuratorial suggestions and other means to promote traceability and governance in this field, so as to increase the people's sense of gain, happiness, and security.
In the view of many deputies, the construction of a drunk driving governance system that connects administrative punishment and criminal prosecution is just a vivid footnote for the procuratorial organs to promote the governance of misdemeanors - in the past year, in view of the actual situation that the number of misdemeanors has continued to grow and the proportion of misdemeanors has continued to increase, the procuratorial organs have actively cooperated with all parties to promote the governance of misdemeanors, and have made fewer arrests and cautious prosecutions and detentions for minor crimes in accordance with the law, so as to reduce confrontation and increase harmony.
"One penalty" is not the best solution
Reducing drunk driving also requires comprehensive management
For drunk driving, the punishment cannot be relaxed, and "one punishment" is not the best plan, and prevention at the source and comprehensive treatment are even more indispensable. The "Opinions" clearly mention that it is necessary to strengthen prevention and comprehensive management at the source from three aspects: strengthening legal popularization and education, coordinated governance, and educational transformation.
It is necessary to guide the broad masses of the people to establish a sense of the rule of law, abide by traffic safety laws and regulations, and form a good social custom. Zhang Jian, deputy to the National People's Congress, deputy chairman of the Chongqing Municipal Committee of the Zhi Gong Party, doctoral supervisor of the First Affiliated Hospital of Chongqing Medical University, and professor of orthopedics, said, "For the problem of drunk driving and drunk driving found in the process of law enforcement and justice, it is necessary to make full use of judicial suggestions, procuratorial suggestions, reminder letters and other mechanisms to urge relevant units to work together to prevent and treat the masses." ”
The reporter learned that some provincial and municipal public security and procuratorial organs have explored the case-handling model of "admitting guilt and accepting punishment, social public welfare services, drunk driving and not prosecuting", and for drunk driving cases where the circumstances are minor, the criminal suspect's voluntary participation in social public welfare services is an important basis for investigating his admission of guilt and acceptance of punishment, repentance and repentance.
Deputy Meng Yuan told reporters that the Guang'an District Procuratorate of Guang'an City, Sichuan Province, discussed with the traffic police and other departments to establish a misdemeanor management system for drunk driving cases, and jointly signed a mechanism for public welfare services for drunk drivers by the courts, public security and other units, and did a good job in the management of the source of drunk driving complaints by allowing drunk drivers to participate in centralized education on the rule of law and traffic safety publicity.
From a practical point of view, allowing drunk drivers to enhance their sense of social responsibility and better return to society in voluntarily participating in public welfare services can effectively prevent recidivism, and at the same time enrich the grassroots social governance force and realize the transformation from crime punishment to governance. Deputy Zhang Jian said.
Objectively speaking, some behaviors of drinking and driving motor vehicles are not very harmful to society, and they can also be regulated from the aspects of credit punishment and restriction on the approval of motor vehicle driver's licenses, which is more conducive to social governance. Deputy Li Shiliang said.
*: Procuratorate** Special Issue of the Two Sessions of the Rule of Law in China Author: Shan Ge Yu Xiao).