A Legal Doctrinal Analysis of Non-prosecution of Drunk Driving Crime
China has stepped into the era of misdemeanor,and it is necessary to increase the application rate of non-prosecution of drunk driving crime in the context of the gradual expansion of the criminal circle.The vitality of the non-prosecution system under China's criminal procedure law should be further released,so that a part of drunk driving cases can be diverted at the pre-trial stage,which not only saves the judicial resources,but also gives full play to the proper function of the non-prosecution system.It is necessary to use the method of legal doctrine to analyze the conditions of applying statutory non-prosecution,discretionary non-prosecution,doubtful non-prosecution and special non-prosecution in drunk driving cases,and to carry out empirical research with the help of typical cases of non-prosecution in drunk driving cases in judicial practice.The study analyzes the advantages and shortcomings of the four non-prosecution systems in the management of drunk driving,and puts forward corresponding targeted recommendations for improvement.Specifically,the standard of statutory non-prosecution should be unified and clear,the discretion of discretionary non-prosecution should be reasonably controlled,and the improvement of doubtful non-prosecution requires the joint efforts of judicial organs and criminal defense lawyers.
drunk driving crimedangerous driving offensetraffic crimenon-prosecutionlegal doctrineear of misdameanorcrime control
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