醉酒型危险驾驶罪的司法规制问题探析

Analysis on Judicial Regulation of Drunken Dangerous Driving Crime

摘要: 随着时代的发展，逐渐由重罪重刑的小刑法时代转变为以犯罪圈不断扩大的大刑法时代。刑法时代的转变也间接导致以危险驾驶罪为主的轻微罪的犯罪率不断提高，危险驾驶罪甚至超过盗窃罪成为第一大罪。目前随着危险驾驶罪审结数量的不断提升(其中以醉驾型危险驾驶罪最多)，针对其是否应该入刑以及量刑标准的问题引起大众的一片争议。本文认为醉酒驾驶有入刑的必要性，但是在入刑的基础上需要行政法以及刑事诉讼法的配合才能对目前醉酒驾驶呈现的问题有所适当的减轻。

Abstract: With the development of The Times, the era of small criminal law with serious felony and heavy punishment has gradually changed to the era of large criminal law with the continuous expansion of the criminal circle. The change of criminal law era has also indirectly led to the increasing crime rate of minor crimes mainly dangerous driving crime, and dangerous driving crime has even surpassed theft to become the first major crime. At present, with the increasing number of trials of dangerous driving crimes (among which drunken driving is the most dangerous driving crime), the issue of whether it should be punished and the sentencing standard has aroused a public controversy. This paper holds that it is necessary for drunk driving to be punished, but it needs the cooperation of administrative law and criminal procedure law on the basis of punishment to properly alleviate the problems presented by drunk driving.