醉酒型危险驾驶罪缓刑适用分析-analysis of probation application of drunk dangerous driving crime.docxVIP

醉酒型 醉酒型危险驾驶罪缓刑适用研究 西南政 西南政法大学硕士学位论文 1 1 2 2 Abstract Since the Criminal Law Amendment (VIII) will be included in the Criminal Code of drunken driving behavior regulation range,the crime both in theory and in practice all sectors have become the focus of attention.Especially in practice,because the behavior of drunken driving characteristics combined with its own lighter punishment ,it quickly became one of the most common court on charges of probation.But because this is a new type of crime criminal act,conviction and sentencing of the class of crimes court is still in the exploratory stage,in particular trial,there have been many problems.Courts across the country on the difference between probation and standards applicable to the proportion of the larger crime,is one of the more prominent issues.The author attempts to use empirical research and legal analysis of a combination of methods,on an area of the crime of dangerous driving drunk type of probation applicable in-depth study,applicable to the actual situation of the probation sin has an intuitive knowledge and understanding,So as to regulate our court probation reasonable and feasible recommendations on the application of this sin. In this paper ,besides introduction and conclusion, the text is divided into three parts: The first part is that investigate type of drunken driving in a dangerous area of the crime of probation empirically.by partial sampling and complete sampling method of combining drunk driving probation applicable to the region to conduct sample collection,the data collected is modeled,to chart the way with the case,statistical analysis of the specific ratio of the area of drunk driving probation and drunk driving probation applicable considerations meanwhile analysts pointed out that the region in terms of probation for drunk driving problem. The second part is that analysis why drunken driving probation become one of the most common charges applicable to our country currently,discussion and