醉驾治理现代化——附条件不起诉审查制度的构建

Modernization of Drunk Driving Governance—Construction of a Conditional Non-Prosecution Review System

摘要: 在醉驾治理新形势新变化新要求的时代背景下，构建多层次的醉驾治理体系是重大时代课题。醉驾案件适用附条件不起诉，应当聚焦附条件不起诉审查制度的具体构建，以明确如何适用不起诉。审查制度的前置要件应包含酒精浓度、法定从重情形与特定情节三方面，分别从醉驾发生前、中、后三个时间段全面考察。审查制度的实体内容旨在明确行为人通过何种附条件考察能够获得不起诉的资格，应包含公益服务考察、附加性矫正措施与认罪认罚态度，以达成“再社会化”的效果。同时，应有完备的程序保障全流程稳定高效运作，由检察机关为主导成立专门机构，联合社会组织共同治理，于犯罪治理的同时推进社会治理。

Abstract: In the context of new situations, changes, and requirements in drunk driving governance, establishing a multi-level drunk driving governance system is a significant contemporary issue. The application of conditional non-prosecution in drunk driving cases should focus on the specific construction of the conditional non-prosecution review system to clarify how non-prosecution is applied. The prerequisite elements of the review system should include alcohol concentration, statutory aggravating circumstances, and specific situations, comprehensively examining these factors before, during, and after the occurrence of drunk driving. The substantive content of the review system aims to clarify the conditions under which an individual can qualify for non-prosecution, which should include public service evaluations, supplementary corrective measures, and an attitude of admission and acceptance of punishment, to achieve the effect of “resocialization”. Additionally, a complete procedural framework should ensure the stable and efficient operation of the entire process, with the procuratorial authorities taking the lead in establishing specialized institutions in collaboration with social organizations to jointly govern, thereby advancing social governance while addressing criminal governance.