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  4. Vol 2, Issue 5, 2023

Judgment of Abstract Danger in the Crime of "Dwi" Dangerous Driving in China

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DOI: 10.23977/law.2023.020502 | Downloads: 19 | Views: 451

Author(s)

Bowen Xue 1

Affiliation(s)

1 School of Law, Southwest Minzu University, Chengdu, 610041, China

Corresponding Author

Bowen Xue

ABSTRACT

Since the criminalization of driving while intoxicated (DWI), the number of cases has been rising, which has brought certain pressure on judicial resources. There are different criteria for the judicial organs to determine that a perpetrator commits a "DWI" dangerous driving offense, and there are different judgments in the same case. For the judgment of DWI, the judicial organ should start with the method of substantive interpretation, and only when the standard of "beyond reasonable doubt" is reached can a perpetrator be determined to commit DWI. At objective element level, the judicial organ cannot judge that a perpetrator commits a crime only based on the behavior of the perpetrator that meets the requirement of elements of the crime, the judicial organ should scientifically and reasonably determine the elements of the crime, so as to determine whether a perpetrator commits DWI offense. At the subjective element level, the judicial organ should specifically determine the subjective factors of awareness and will of the perpetrator in combination with objective evidence. At the same time, China should standardize the criteria for determining and incriminating this crime, reduce the phenomenon of different sentences in the same case, and show the direction for the trade-off between efficiency and fairness in judicial practice.

KEYWORDS

Dwi dangerous driving, Abstract dangerous offender, Substantive interpretation, Statutory crime and punishment, Judicial determination

CITE THIS PAPER

Bowen Xue, Judgment of Abstract Danger in the Crime of "Dwi" Dangerous Driving in China. Science of Law Journal (2023) Vol. 2: 6-15. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020502.

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