The Standing Committee of the National People's Congress:

"PRC Criminal Law" provisions of article 133rd of the added: "drive a motorized vehicle on the road racing, if the case is serious, or in the way of drunken driving motor, detention, and impose a fine . There are the acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment." According to the ordinary meaning common opinion and legislation of the text, as long as the drunken driving behavior standard after , constitutes the crime. This amendment in May 1, 2011 after the implementation, the court has in accordance with the understanding of drunk drivers do judgment.

However, in May 11, 2011, the Supreme People's court vice president Zhang Jun in the national court criminal trial work forum said, should not be drunk driving into the punishment of sin. At the same time, the courts throughout the country land continued to receive the Supreme People's court for the trial of the new instructions of drunken driving cases, according to the requirement of "criminal law" the provisions of article thirteenth, for the circumstances are obviously minor, not as a crime.

The Supreme People's court for "criminal law" one of 133rd position with the society for the provisions of the general understanding of differences, bring confusion and distress to the implementation of the law. Therefore, I based on "people's Republic of China Constitution" the provisions of article forty-first, suggested that the NPC Standing Committee exercise the "constitution" and "sixty-seventh Fourth" legislation law of the people's Republic of China article forty-second of criminal law " power," one of 133rd to explain the meaning.

Yours sincerely

Salute!

Suggestion: Tsinghua University law school student Liu Yisheng Wu Qiong

May 18, 2011