法律经济学视野中的醉驾入刑

Drunk Driving into Criminal Punishment in the Perspective of Law and Economics

摘要: 醉驾入刑十年以来，由醉酒驾驶导致的交通事故的数量以及死亡人数均大幅下降，实施效果显著。但在司法实践中，也出现了一系列问题，主要表现为相关案件数量激增、刑罚裁量标准不统一、案件诉讼效率低下等。醉驾由刑法规制有其必要性，但过度依赖严厉刑罚必然适得其反。除采用传统的法理分析与刑法学涵义分析方法之外，可借助法经济学中的成本–收益分析方法研究醉驾入刑，进而探索醉驾源头防控、综合治理、多渠道规制途径。

Abstract: The number of traffic accidents caused by drunk driving and the number of deaths have decreased significantly since drunk driving entered the criminal penalty ten years ago, and the implementation effect is remarkable. But in the judicial practice, there are also a series of problems, mainly manifested as the number of related cases surge, the penalty discretion standard is not uniform, the case litigation efficiency is low. It is nec-essary for drunk driving to be regulated by criminal law, but excessive reliance on severe punishment is bound to backfire. In addition to the traditional jurisprudence analysis and criminal law meaning analysis method, the cost-benefit analysis method in law and economics can be used to study drunk driving into the criminal punishment, and then explore the prevention and control of drunk driving source, comprehensive treatment, multi-channel regulation.