Should the Harsh Penalties on Drunk Driving Be loosened?

Recently， reform on charges against dangerous driving has stirred up debate among the public. A new stipulation by Chinas Supreme Peoples court which took effect on May 1 granted judges the discretion to decide whether someone caught driving under the influence of alcohol should be held criminal responsible by taking into account how drunk the person is， road conditions and the seriousness of damages.

the public interpreted the stipulation as a change of tougher law against the offence since 2011， when the amended criminal law strictly classified drunk driving as a criminal offence， as long as drivers exceeded the limit of 80 milligrams of alcohol per 100 milliliters of blood regardless of damages occurred or not.

As a result of tougher regulation in 2011， drunk driving cases have plummeted. statistics released by the Ministry of Public security show that the police handled 2.47 million drunk driving cases over the past five years before 2016， decreasing by 34 percent compared with the period from 2007 to 2011. the number of road accidents caused by the offence dropped by 420，000.

therefore， some believe tough laws should persist given an improved scenario on curbing drunk driving. loosening penalties might lead to a resurgence of drunk driving and place public safety at risk. others maintain that imposing such a harsh punishment on drivers bringing no harm to others is an inhumane move. the punishment should fit the seriousness of the crime.

PRO

Chen Lu Employee in Beijing

Since driving under the influence of alcohol was recognized as a crime in 2011， it has sharply reduced related accidents. However， some people became victims and received harsh punishments they dont deserve. In a recent case that went viral on the Internet， a doctor in south Chinas Guangzhou city called a designated driver service to take him home after drinking， but he scratched another vehicle when he moved the car in his residential neighborhood. He was convicted of dangerous driving. Only after appealing to the higher court was he exempt from criminal penalties. Is it really necessary to punish people like this doctor， who do not drive on public roads nor cause any serious damage， with such tough laws？

I dont think so. In fact， the new stipulation is reiterating a current provision that minor offences can be pardoned by the Criminal Law and correcting the publics misunderstanding that all drunk driving constitutes a crime. In practice， how reckless the driver is and the extent of damage he or she may have caused should be taken into consideration， when the court decides the verdict on offences involving driving under the influence of alcohol.

CON

Yao Wei Lawyer

I think drunk driving is an intentional offence. In China， people have to learn laws and regulations on driving， including that drunk drivers have to be held criminally liable， before they acquire driving licenses. This means that drivers are well aware that they should not drive after drinking alcohol. In this sense， drunk drivers are just like murderers who know killing is wrong. They should be punished by Criminal Law， no matter the consequences of their actions. The crime of drunk driving cannot be excused as the intention is vicious. The defending narrative that the offence doesnt result in damages and deserves being pardoned is just ill-grounded.

CON

Tan haojun National Business Daily

When it comes to drunk driving， there is no case that should be regarded as a minor breach of law. As long as someone drives after drinking， he or she should be penalized by criminal law. If the offence brings about accidents and causes death or injury， the drunk driver will also face other charges.

Pardoning the so-called minor offences actually creates legal loopholes that can be taken advantage of by both law enforcement agencies and potential offenders. If the law was lenient on drunk drivers， it would not effectively deter people who might otherwise choose to defy it. If so， peoples lives and the happiness of many families will be at stake.

The public has reached a consensus that drunk driving is potentially dangerous. People die or get hurt from accidents daily. Even though the practice has been criminalized， some people still dare to take chances， like Gao Xiaosong， a wellknown Chinese musician and composer.

The purpose of criminalizing drunk driving is not to arrest people or to put someone in jail， but to deter potential offenders.

PRO

Sun Ruizhuo China Business News

Generally， penalties should be decided based on the extent of damages offences have caused. The more serious the damage is， the harsher punishments offenders will receive. It is wrong to drive under the influence of alcohol， but is criminalizing every case with no consideration of mitigating circumstances fair？ Some drivers just drink one or two bottles of beer， but have no intention of hurting others or causing loss of others life or property. If they were forced to be held criminally liable for such minor breaches of law， it would be inhumane， in my opinion.

Chinas Criminal Law stipulates that minor wrong actions that cause no great harm do not constitute a crime. In this sense， for those drivers causing no accidents， punishments like permanently revoking driving licenses in accordance to administrative regulations will be sufficient to effectively deter potential offenders. I think when benign laws or regulations are applicable， we should not first choose the Criminal Law to punish offenders.

PRO

Zhu Yongjie Media commentator

Criminalizing every drunk driver is actually an extreme reaction to wrongdoing. For a driver， the punishment of fining and revoking a driving license is a clear enough lesson to remember. In reality， people are different. Some are discreet， while some are reckless. Some drink like a fish， while others are not able to handle their liquor. In view of such diversity， how can the law define drunk driving with a unified standard？

Tough penalties may not necessarily uphold justice and fairness， but may compromise the authority and credibility of the law. I think criminalizing every drunk driver without considering the specific case may deter offences of driving under the influence of alcohol in the short term， but goes against the spirit of the law， jeopardizes peoples belief in law and the advancing of the rule of law. The power of law lies in its enforcement rather than toughness. To stop drunk driving， the fundamental solution is to make sure every offender will be punished instead of introducing a new harsher law. Besides， there should be more campaigns promoting the publics awareness on the consequences of drunk driving.

CON

Liu Jianfei Legaldaily.com.cn

Since May 1， 2011， when an amended law that imposes harsher punishment on drunk drivers took effect， it has effectively deterred drivers who might otherwise choose to drink. The bad habit of driving under the influence of alcohol， which used to be prevalent among Chinese people， has changed. There is a consensus that no one should drink at banquets if he or she will drive afterward. Others would also no longer urge them to drink， which used to be common practice on such occasions. Our roads have become safer with a sharp drop in such offences. At this critical moment when the situation has just begun to improve， relaxing the law will mean previous efforts are in vain， and may even lead to a resurgence of rampant offences.

Some argue that administrative punishment is enough to stop people from driving under the influence of alcohol. But I think it will only result in diminishing the deterrence of the law. More and more people would choose to risk their chances by driving after drinking alcohol. I therefore advocate even tougher penalties. After all， drunk driving not only endangers drivers themselves， but also threatens the general public and brings irreparable losses to families.