The Standing Committee of the National People's Congress recommends aggravating the penalty for drunken driving

The members of the Standing Committee of the National People's Congress reviewed the draft amendments to the criminal law and the draft of the intangible cultural heritage law. The two bills were first submitted to the Standing Committee of the National People's Congress for deliberation and raised public concern. Yesterday, members of the Standing Committee also focused on "drunk drunk into the punishment", "75-year-old exempt from death", "malicious arrears into the crime" and other discussions, most of whom believe that drunk driving accidents and punishments are too light, it is recommended that drunk driving should be reduced Qualified conditions and the number of crimes involving drunk driving and punishment.

- About "Death-free at age 75"

People over 75 are exempt from death

Should increase the limit

The article “The person who is 75 years old and does not apply the death penalty” is written into the draft amendment to the criminal law and is considered to be an important embodiment of our country’s leniency and strictness in legislative principles and humanitarianism. However, this has also led to worries about the worsening of the crime of elder elderly people. Yesterday, on the basis of this law, the views of the representatives were sometimes confrontation. At 75, shouldn't I be a life and death boundary?

Should ease the limits of death penalty for the elderly

>>Support perspective

Jiang Xingchang suggested that the provisions on death penalty not applicable to crimes committed by the elderly should be appropriately relaxed. He said that the provisions of the draft are positive and can better reflect the civilized and humanitarian spirit of China's criminal law, but it seems to be harsh. The proposal states that "persons 70 years of age or older are not eligible for the death penalty".

Jiang Xingchang said that because of the leniency treatment of crimes committed by the elderly, the criminal law is not clearly stipulated, but it is generally reflected in judicial practice. For people who have reached the age of 70 for many years, the court generally does not enforce the death penalty. Therefore, this amendment can be considered further and stipulates that death penalty is not applicable to people who are already 70 years old. Such legislation is more conducive to social harmony and stability.

The "75-year-old exemption" clause should not be stipulated

>> Opposition

Zhang Guiping, deputy to the NPC attending the meeting, believed that the "75-year-old exemption from death" clause should not be stipulated. She said that such clauses will play a negative guiding role for people and the crimes of the elderly will greatly increase. It may leave trouble for future judicial practice. If the elderly have committed such vicious crimes as explosions, homicides, etc., the judiciary will not be able to deal with public anger. Legislation must proceed from the reality in China and must take into account China’s historical and cultural traditions.

Lin Qiang suggested that the "75-year-old exemption from death" clause should be amended to read: "A person who has reached the age of 75 when the crime was committed does not apply the death penalty, except for the intentional killing." Lin Qiang said that from the perspective of legal dignity and legislation, from us According to the actual situation of the country, the death penalty is still applicable to the crime of intentional homicide. If the 75-year-old man is not guilty of intentional homicide and does not cause serious harm to society, the death penalty may not apply.

Avoid old people being exploited by extremist organizations

Cai Lifeng, deputy director of the Standing Committee of the Hunan Provincial People’s Congress, said that if 75-year-olds are punished by the death penalty, they are likely to be used by anti-social extremist organizations. They can inspire old people to take risks and create public safety incidents.

Cai Lifeng said that when the organs of power modify the law, they should take into account the reality of society and should take into account the strong desire of the people to strictly abide by the law and discipline and safeguard national stability and the safety of the people.

- About drunk driving into the sentence

Reducing Drunk Driving Limits, Aggravating Drunk Driving Dangers

The draft amendment to the criminal law criminalized “drunken driving” and caused concern to all parties. Yesterday, members of the Standing Committee of the National People's Congress (NPC) deliberations on this new draft article spoke on this new clause. Many members suggested that the draft amendment should reduce drunken driving conditions, and at the same time aggravate drunk driving accidents, especially causing casualties. Punishment.

The phrase "troublesome" should be deleted

>>Viewpoint

The draft stipulates that people who drove driving motor vehicles on the road or drove motor vehicles on the road to chase and race, were in bad circumstances, were detained, and were fined.

Qiao Chuanxiu suggested that the "bad circumstances" in the amendment should be deleted. The reason is that drunk driving behavior is subjective and intentional. The actual social harm and potential social harm caused by drunk driving are very significant. Therefore, regardless of whether or not the act has a bad situation, it should bear criminal responsibility, which is conducive to the effective prevention and punishment of crime.

Commissioner Bai Jingfu said that there are two problems with the expression of dangerous driving offences: drunk driving or driving a car is a criminal detention, and it is also a bad plot. The penalty is very light, drunk driving on the street is a serious harm to the public. Safe behavior is not necessarily limited to criminal detention. In addition, the draft should add provisions on how to deal with drunk driving and car accidents.

Drunk driving accidents should be counted and fined

Jiang Jian, deputy to the National People's Congress, said that drunk driving a motor vehicle and driving on the road to pursue a drive is an indirect and intentional crime. It is a behavioral offender and is also a dangerous offender. It is proposed to add a section that “causes minor injury to others to last for less than three years.” In addition to imprisonment or criminal detention, causing serious injury to another person, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death penalty for causing death of another person."

Zhou Guangquan, member of the National People's Congress Law Committee attending the meeting, said that drunk driving and driving are both criminal offences. I think it is conceivable, because it is indeed in line with China's national conditions, but now the penalties are imposed on criminal detention and fines. The penalty is very light. It may be considered that the increase of “a penalty of imprisonment of one year or imprisonment below one year” can be achieved. The original intention of our legislation can also be basically achieved. Now people have a question. Before the drunk driving case in Chengdu, he later sentenced him to dangerous crimes against public safety and sentenced him to death. Now that a drunk driving dangerous driving crime is stipulated, if the prisoner is sentenced to criminal detention, ordinary people will think that the amendment to the criminal law has turned against the accused instead. At the same time, in order to ensure that there are no mistakes in judicial practice and constitute other crimes, it shall be combined with several crimes. In order to respond to the concerns of ordinary people, the criminal law cannot be changed more lightly, and it is necessary to prevent deviations in judicial practice.

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