Improving Legislation for People’s Interests丨NPC Deputy

Chongqing- The first step to resolve issues is to refine the law, which is considered as the ultimate protective line to maintain harmonious social relations, according to Han Deyun, Deputy to the National People's Congress and Managing Partner of SGLA Law Firm. 

Drunk driving into punishment 

The criminalization of drunk driving plagues society, says Han. "It has become the main crime type today, and it is necessary to improve related laws as soon as possible." 

Since 2019, dangerous driving offenses overtook larceny in first place among criminal cases concluded for the first time, where the surge in cases of driving crimes is the most contributor to this phenomenon. 

Chinese law decrees that the blood alcohol content greater than (equal to) 80 mg / 100 ml is considered drunk driving. However, in reality, many regions have introduced specific rules with different enforcement standards. 

In particular, there are different regulations regarding the serious circumstances of drunk driving, the application of probation, and other cases. 

Even some regions provide separate standards for driving motorcycles and vehicles, and distinguish between urban and rural areas.

Han observed this phenomenon which leads to unfair law enforcement and brings instability in society. 

In his view, drunk driving generally produces a greater threat to road traffic safety and there is no doubt that this dangerous behavior must be regulated.

However, adopting a lower standard of criminalization for drunk driving may not only lead to excessive punishment of the perpetrator but also induce more hidden problems. 

Last year, Han proposed the unified criminalization standard of drunk driving to raise the criminal threshold.

Furthermore, it is necessary to take all kinds of factors into account when convicted, such as driving qualifications, type of vehicle and road drove, actual consequence of damage, and so on. 

Han Deyun, Deputy to the National People's Congress and Managing Partner of SGLA Law Firm. (Photo provided to iChongqing)

"For example, I suggest that for those drunk driving behaviors without any harmful social consequences should not be easily resolved from the criminalization," he said. 

Han discussed a case from Guizhou Province, who was just at the critical point of the drunk driving conviction but was not pardoned at the end, which had a disastrous impact on his life. 

"Like this kind of situation, I've constantly studied and investigated with collecting cases and information, then thinking about some targeted accessible measures to these facts," he added. 

From Han, merely deterrence and penalties are not enough today. To reduce drunk driving behavior, we need to unify its criminalization standard and expand the scope of application of plea leniency. 

Han also said that he felt gratified to see the motion well received since it was submitted. "Many people have even written to me by email about their drunk driving experiences," he continued. 

Internet information privacy protection 

"China saw an increase in the use of high technology in recent years," said Han. "At the same time, it brings a host of problems including data abuse and damage to consumer rights."

Han thinks that the previous legislation involving big data and information abuse is relatively simple, so he suggested that the related government departments, especially in the consumer sector, should set up more efficient means to regulate behaviors that compromise personal privacy. 

From Han, the law should be the ultimate protective line to maintain harmonious social relations. So the first step to resolve issues is to complete the legislation. 

"I think we need to continuously push forward the privacy protection to the justice and equity of people's interests while using high-tech means to promote life quality," he said. 

Han proposed more than 20 high-quality legislative motions that not only reflected the mass's demands but also supported the construction of a law-based administration system. 

Last year, he proposed motions to prevent the abuse of electronic eyes, expand the use of ID cards, establish a national unified wellness code, unify preferential treatment policy for the elderly, and others.