Practical Application and System Improvement of Non-Prosecution of DWI Cases—Based on the Empirical Comparison Before and After the Implementation of the Opinions of Handling Criminal Cases of Dangerous Driving While Intoxicated
China has utilized criminal penalties to address driving while intoxicated(DWI)cases since 2011.While this approach has notably reduced traffic accidents caused by DWI,it has also led to an increase in the number of criminal cases and the excessive number of individuals with prior criminal records.Consequently,Chinese legal theory and practice widely advocate for a reduction in the incrimination and sentencing ratio of DWI cases by employing non-prosecution measures.On December 13,2023,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,and the Ministry of Justice jointly issued the Opinions of Handling Criminal Cases of Dangerous Driving While Intoxicated(referred to as the Opinions),which makes specific provisions for the application of non-prosecution in DWI cases.To evaluate the practical implications of these measures,this study analyzed 21922 prosecutorial documents of DWI cases before the implementation of the Opinions and 47 prosecutorial documents of DWI cases afterward,using empirical research methods such as binary logistic regression models and one-way chi-square tests.The findings reveal significant geographic disparities in the implementation of DWI non-prosecution before the Opinions.Prosecutors often overlooked crucial factors like the timing and nature of the offense when handling DWI cases.Moreover,aggravating circumstances tended to have a greater influence on prosecution decisions than mitigating factors.It is also found that the implementation of the Opinions has helped to harmonize the judicial standards for law enforcement in DWI cases,but mainly in the application of statutory non-prosecution when the circumstances stipulated in Article 12(a)are met.In addition,the Opinions does not solve the problem of incomplete and unbalanced discretionary elements and does not activate the application of relative non-prosecution in DWI cases.The subpar outcomes of the Opinions can be attributed to several factors.Firstly,the temporary nature of the"proviso"clause only serves as a stopgap measure,potentially leading to confusion in the application of DWI non-prosecution.Secondly,the requirement of"no aggravating circumstances"complicates the imbalance between aggravating and mitigating factors.The"elemental guidance"approach hinders the effective utilization of relative non-prosecution.Lastly,parts of the jurisprudence based on the provisions of the unknown makes the DWI non-prosecution application system more confusing.Therefore,this paper contends that restructuring and enhancing the DWI non-prosecution system within the framework of criminal law integration is imperative.This entails clarifying the system of non-prosecution based on a"prosecution basis-prosecution necessity"structure,incorporating theories of crime,punishment,and prosecution discretion.Additionally,it is essential to delineate the conditions for statutory non-prosecution and to remove the application of the"proviso"clause.Promoting the concept of relative non-prosecution discretion and guiding its reasonable application are crucial.Furthermore,addressing contentious situations and ensuring logical system harmonization are paramount.
DWI casesStatutory non-prosecutionRelative non-prosecutionNon-prosecution system
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