Proceedings of the 2023 7th International Seminar on Education, Management and Social Sciences (ISEMSS 2023)

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On the Restricted Application of Collateral Consequences of Petty Offenses In China

-Based on the Research into the Crime of Dangerous Driving under the Influence of Alcohol

Authors
Xinmiao Liu1, *
1School of Law, Southwest University, Chongqing, 400715, China
*Corresponding author. Email: laxmi_k@163.com
Corresponding Author
Xinmiao Liu
Available Online 31 October 2023.
DOI
10.2991/978-2-38476-126-5_91How to use a DOI?
Keywords
Drunk Driving; Petty Offenses; Crime of Dangerous Driving; Collateral Consequences
Abstract

In recent years, under the dominance of a positive criminal law view of criminal legislation, petty offenses have also reached more offenders and their families, and the circle of crime is increasingly expanding. Among the eight current petty offenses, the most controversial is the crime of driving under the influence of alcohol. This crime is minor in nature and involves a large number of criminally punished persons, who bear the double pain of the penalty and its collateral consequences. In order to better play the role of collateral consequences, it is necessary to restrict and regulate the collateral consequences of petty offenses. This paper is divided into three parts, the first part clarifies the connotation of incidental consequences of crime, introduces the specific content of incidental consequences of petty offenses and explains the problems of incidental consequences of petty offenses. The second part elaborates the necessity of limiting the collateral consequences of petty offenses from two aspects, and analyzes the existing collateral consequences of petty offenses collateral consequences such as imbalance in the ratio of behavior to punishment and improper connection in occupation and object. In the last part, taking drunken dangerous driving as an example, the author will propose a solution on how to limit and remedy petty offenses with attendant consequences and form a structure of a righteous and innovative system.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2023 7th International Seminar on Education, Management and Social Sciences (ISEMSS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 October 2023
ISBN
10.2991/978-2-38476-126-5_91
ISSN
2352-5398
DOI
10.2991/978-2-38476-126-5_91How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Xinmiao Liu
PY  - 2023
DA  - 2023/10/31
TI  - On the Restricted Application of Collateral Consequences of Petty Offenses In China
BT  - Proceedings of the 2023 7th International Seminar on Education, Management and Social Sciences (ISEMSS 2023)
PB  - Atlantis Press
SP  - 816
EP  - 828
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-126-5_91
DO  - 10.2991/978-2-38476-126-5_91
ID  - Liu2023
ER  -