| Summary: | 碩士 === 國立中正大學 === 法律系研究所 === 104 === The sentences of Taiwanese criminal law and order of drunk driving have been tending to be heavier and heavier. In order to analyze the basic, the background, the advantages and the disadvantages of heavier sentencing issues of drunk driving, this paper considers using the theory of penal populism to analyze Taiwanese legislation of drunk driving, and then to compare Taiwanese legislations, amendments and public opinions of drunk driving with Japanese legislations, amendments and public opinions of drunk driving. Therefore, this paper focuses on comparative law and public opinion of drunk driving issues between Taiwan and Japan under the concept of penal populism.
According to the above structure, first, this paper introduced the definition, the background and the social influences of penal populism in chapter 2. Second, this paper focused on Taiwanese and Japanese law and order in chapter 3 and chapter 4, introducing the histories of legislations and amendments of drunk driving, the social events which influenced legislations and amendments of drunk driving, the effects of legislations and amendments, and the connection between legislation and penal populism. Third, in chapter 5, this paper compared the legislations, amendments, and public opinions between Taiwan and Japan, and found the result that although Japanese sentences of drunk driving were much heavier than Taiwanese law and order, it still didn’t have the advantage of reducing crime rate of drunk driving, or the heavier judgements. Finally, in chapter 6, this paper concluded that legislations and amendments under penal populism cannot bring the advantage of reducing drunk driving. The most important point is to find the solution of reducing drunk driving without amending heavier criminal law under the influence of penal populism.
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