论交通肇事案件相对不起诉后的行刑反向衔接——以吊销驾驶证的法律适用争议为中心

On the Reverse Connection of Criminal and Administrative Penalties after Non-Prosecution with Discretion in Traffic Accident Cases—Centering on the Legal Application Controversy of Revoking Motor Vehicle Driving Licenses

摘要: 行刑反向衔接是刑事司法与行政执法协同治理的关键环节，旨在防止“不刑不罚”，形成刑事与行政法律责任承担的完整闭环。实践中，检察机关对交通肇事案件作出相对不起诉决定后，公安机关是否应吊销行为人机动车驾驶证的争议，已成为该领域亟待破解的难题。这种分歧源于对《道路交通安全法》第101条中“构成犯罪”“追究刑事责任”与“吊销机动车驾驶证”关系的解读差异。对此，需统一法律适用标准，明确该条法律规范的核心逻辑——构成犯罪是吊销驾照的前提，追究刑事责任与吊销驾照是并列处罚措施。同时，需认识到相对不起诉决定是对行为人不法行为符合犯罪构成要件的确认，明确不起诉决定书对于“构成犯罪”的事实认定效力，通过“刑事确认 + 行政补位”的衔接路径，统一交通肇事案件行刑反向衔接的行政处罚标准，实现交通安全治理中刑事评价与行政规制的高质效衔接。

Abstract: The reverse connection of criminal and administrative penalties is a key link in the collaborative governance of criminal justice and administrative law enforcement. It aims to prevent the phenomenon of “no punishment without criminal conviction” and form a complete closed loop for the assumption of criminal and administrative legal liabilities. In practice, after the procuratorial organ makes a decision of non-prosecution with discretion in a traffic accident case, the controversy over whether the public security organ should revoke the motor vehicle driving license of the actor has become an urgent problem to be solved in this field. Such divergence stems from different interpretations of the relationship among “constituting a crime”, “investigating criminal liability” and “revoking motor vehicle driving license” in Article 101 of the Road Traffic Safety Law. In this regard, it is necessary to unify the standards for the application of law, and clarify the core logic of the legal provisions in this article: constituting a crime is the prerequisite for revoking the driving license, and investigating criminal liability and revoking the driving license are parallel penalty measures. At the same time, it is necessary to recognize that the decision of non-prosecution with discretion is a judicial confirmation that the actor’s illegal act conforms to the constitutive elements of a crime, clarify the factual determination effect of the non-prosecution decision on “constituting a crime”, and unify the administrative penalty standards for the reverse connection of criminal and administrative penalties in traffic accident cases through the connection path of “criminal confirmation + administrative supplementation”, so as to achieve high-quality and efficient connection between criminal evaluation and administrative regulation in traffic safety governance.