从酒驾治理到酒的治理——中美酒驾惩戒制度与酒文化之比较

发布时间：2019-07-12 10:42

【摘要】：相比中国酒驾问题频出,美国酒驾整治成效则相对显著,其原因就在于中美酒驾惩戒制度存在不同。二者惩戒制度的差异既包括技术性的制度设置的不同,也包括制度设计起点的差别。对于惩戒技术问题,中国可以借鉴和学习美国成熟的惩戒制度,而制度起点的差别即中国是"酒驾治理",而美国为"酒的治理",则与两国不同的地域文化密切相关。中国盛行的倡酒文化决定其无法复制美国基于自身禁酒文化所形成的酒的法制,而应当探寻中国自身传统酒礼文化的积极因素,结合当前社会酒文化"结构混乱"现状进行适应性调整,重塑新酒礼文化,建构有中国特色的酒的综合治理模式,从而实现从"酒驾治理"到"酒的治理"的转换。
[Abstract]:Compared with the frequent problem of drunk driving in China, the effect of drunk driving control in the United States is relatively significant, which is due to the differences in the disciplinary system of drunk driving between China and the United States. The difference of disciplinary system between the two includes not only the difference of technical system setting, but also the difference of the starting point of system design. For disciplinary technology, China can learn from the mature disciplinary system of the United States, and the difference between the starting point of the system is that China is "drunk driving governance", while the United States is "alcohol governance", which is closely related to the different regional cultures of the two countries. The popular wine promotion culture in China determines that it can not replicate the legal system of wine formed by the United States based on its own prohibition culture. Instead, it should explore the positive factors of China's own traditional wine and ritual culture, adjust adaptively according to the current situation of "structural chaos" of wine culture, reshape the new wine ritual culture, and construct the comprehensive management mode of wine with Chinese characteristics, so as to realize the transformation from "drunk driving management" to "wine governance".
【作者单位】：中南财经政法大学法学院;
【分类号】：D971.2;D924.3

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