醉驾案件中的附条件不起诉制度研究

Research on the Conditional Non-Prosecution System in Drunk Driving Cases

摘要: 自醉驾纳入刑法以来，醉酒型危险驾驶罪数量以其井喷式的增长速度引起了人们高度的关注，每年有越来越多的人因醉酒驾驶被贴上“犯罪”的标签，醉驾入刑所带来的后果显然过于严厉，需要予以出罪。文章就醉酒型危险驾驶罪的附条件不起诉所存在的问题进行分析，以完善醉驾案件附条件不起诉的相关制度。文章分为四个部分，第一部分是就醉驾案件的现状以及展现出的有关问题进行分析。第二部分是对醉驾附条件不起诉制度的必要性进行分析。第三部分是对我国醉驾附条件不起诉制度的可行性进行分析。第四部分是对附条件不起诉制度提出完善建议。

Abstract: Since drunk driving was incorporated into the criminal law, the number of dangerous driving crimes caused by drunk has attracted people’s attention with its explosive growth rate. Every year more and more people are labeled as “criminals” because of drunk driving. The consequences of drunken driving are obviously too severe and need to be punished. This paper analyzes the problems of conditional non-prosecution in the crime of drunk dangerous driving, in order to perfect the related system of conditional non-prosecution in drunk driving cases. The article is divided into four parts, the first part is the current situation of drunk driving cases and show the relevant problems to analyze. The second part is to analyze the necessity of the system of conditional non-prosecution for drunk driving. The third part is to analyze the feasibility of the system of conditional non-prosecution for drunk driving in China. The fourth part is the conditional non-prosecution system to improve the proposal.