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Lawmakers suggest harsher penalties for drunk driving

0 CommentsPrint E-mail Xinhua, August 26, 2010
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Chinese lawmakers Wednesday continued discussing a draft amendment to the country's Criminal Law which calls for more severe penalties for drunk driving and street racing, crimes which have been loudly criticized by the public.

With these two types of violations included in the draft, convicted drunk drivers might face forced labor while in detention for one to six months and be fined, if "their actions are of a vile nature."

The draft amendment was submitted on Monday to the Standing Committee of the National People's Congress (NPC), China's top legislature, for its first reading.

NPC Standing Committee member Qiao Chuanxiu suggested all drunk driving offense, regardless of whether it results in auto accidents, should be punished as crimes, arguing that drunk driving is, itself, an act of subjective intention and its potential social harms are considerable.

Member Fang Xin said the draft amendment needs to clarify the definition of "vile nature" -- whether to convict a driver by the consequences of his act or by the act itself.

Member Ren Maodong urged at least a three-year jail sentence for drunk driving and street racing.

Currently, drunk driving and street racing are only subject to administrative or civil penalties. Drunk drivers are usually detained for 15 days, according to the Law on Road Traffic Safety.

In recent years, many fatal drunk driving cases emerged in the country, especially in big cities such as Chengdu, Nanjing and Hangzhou, triggering heated complaints and calls for heavier penalties for such violations.

However, the management of these cases varied greatly as some incidents were ruled to be traffic crimes, in which case drivers received no more than a three-year jail term, while others were deemed as crimes against public security and violators might be sentenced to life in prison.

The draft amendment is expected to provide uniform standards for prosecuting these cases.

In 2009, Chinese traffic police apprehended 313,000 drunk drivers.

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