佛山市南海区危险驾驶案件调查报告刑事诉讼法专业论文.docx

1 1 2 2 Abstract Driving under influence (DUI) and flagrant racing act had been added into the Criminal Law on which the Criminal Law Amendment (VIII) was passed at the nineteenth session of the Standing Committee of the Eleventh National People’s Congress on February 25th, 2011. This is the legislative actions responding to the drunken driving and drag racing which have caused heavy casualties in traffic accidents and severe social impacts. There is no clear judicial interpretation as these kinds of acts in definition raised from administrative act to now criminal behavior only in such a short time. Lacking universal standards on the conviction and sentencing, the judiciaries in the country are at their exploratory stage, and to some extent chaos has been caused in practice. This essay samples all the dangerous driving cases happened in Nanhai District, Foshan City, Guangdong Province during the period from May 1st, 2011 to May 30th, 2012 (all the cases are dangerous drunken driving excluding the flagrant racing act). It also summarizes and analyses the overall situation, current procedures in practice and the applicability of substantive laws and gives consummate suggestions. The essay is divided into three parts; the basic content is as following: Part Ⅰ Summarizes the situations and characteristics of dangerous driving cases happened in Nanhai District, Foshan City, Guangdong Province. By analyzing the data of dangerous driving cases in the area during May 1st, 2011 and 30th May, 2012, it briefly generalizes the regional survey, and the number, location, the reasons of seizure, occupations of the criminal subjects, and the types of applicable enforcement measures and verdicts in the area each month. These help laying a solid foundation for the analysis of problems existing in the application of the procedures and law, and making appropriate suggestions for improvement. Part Ⅱ For handling the dangerous driving cases, there are no judicial interpretation or refer