Determinants of prosecuting cases about driving while intoxicated in China: an empirical case law analysis

Abstract

ABSTRACT This research examines the factors on whether cases of driving while intoxicated are prosecuted in China by using 21,729 prosecution documents promulgated between 1 May 2017 and 31 December 2021. The results indicate significant regional differences in Prosecutors’ discretion when handling DWI cases. Prosecutors focused heavily on the blood alcohol content, neglecting qualitative factors such as periods of drunk driving and vehicle type. Empirical analysis suggests that aggravating circumstances were given great importance, whereas mitigating circumstances were disregarded. The results show that Chinese prosecutors tended to handle DWI cases severely and were reluctant to use their discretion. Two reform recommendations are given: (1) unifying enforcement standards through judicial interpretation of documents; (2) adjusting litigation procedures to ensure the reasonable exercise of prosecutorial discretion.