毒驾入刑问题研究

发布时间：2018-03-19 21:33

本文选题：毒驾　切入点：入刑　出处：《大连海事大学》2014年硕士论文　论文类型：学位论文

【摘要】：随着吸毒人群的不断扩大,毒驾问题已经严重危及公共安全,《刑法修正案(八)》已将醉驾、竞速驾驶两种危险驾驶行为纳入了刑法规制,但毒驾却游弋刑法之外。当前行政为主的规制手段已经难以抑止和预防毒驾的蔓延,毒驾入刑势在必行。本文共分为三个部分,第一部分着重阐述毒驾概念的界定。概念的界定才能有效划分犯罪的内涵和外延,才能让立法具有针对性、科学性。本文从毒品、吸毒行为、驾驶行为、吸毒成瘾、吸毒对驾驶能力的影响五个方面,认真分析了毒驾的具体形态及其内在联系,主张对毒驾界定采取“行为说”和“结果说”相结合的方式。本文第二部分着重从理论上分析了毒驾入刑的可行性。法学界提出了行为入刑的五个条件,本文从这五个条件出发,就毒驾的社会危害性、有效规制手段、权利自由保护、司法公正、刑法目的五方面做了全面分析,毒驾入刑不但有可行性,而且有必要性。本文第三部分着重阐明毒驾罪的立法设计。通过认真研究和借鉴世界各国毒驾刑法立法实践,就我国毒驾罪的犯罪构成、毒驾配刑、毒驾入刑途径、毒驾入刑后与交通肇事罪、危险方法危害公共安全罪之间的关系进行了阐述,解决了毒驾入刑的具体问题。
[Abstract]:With the continuous expansion of drug users, the problem of drug driving has seriously endangered public safety. The Amendment of the Criminal Law (8) has brought two dangerous driving behaviors, drunken driving and racing driving, into the criminal law. However, drug driving is outside the criminal law. At present, it is difficult to stop and prevent the spread of drug driving by administrative means, so it is imperative for drug driving to enter criminal law. This article is divided into three parts, the first part focuses on the definition of the concept of drug driving. The definition of the concept can effectively divide the connotation and extension of crime, so that legislation can be targeted, scientific. Five aspects of driving behavior, drug addiction and the influence of drug use on driving ability are analyzed in this paper. The concrete form of drug driving and its internal relations are carefully analyzed, and the combination of "behavior theory" and "result theory" is proposed to define drug driving. The second part of this paper focuses on the theoretical analysis of the feasibility of drug driving into criminal law. The legal circles put forward five conditions of criminal behavior. From these five conditions, this paper discusses the social harm of drug driving, effective means of regulation, protection of rights and freedom. Judicial justice and criminal law are analyzed in five aspects. It is not only feasible, but also necessary. The third part of this paper focuses on the legislative design of the crime of drug driving. By studying and drawing lessons from the legislation practice of the criminal law of drug driving in various countries in the world, this paper discusses the constitution of the crime of drug driving in our country, the combination of the crime of drug driving with punishment, and the way of drug driving into the criminal law. The relationship between the crime of causing traffic accident and dangerous methods and the crime of endangering public safety is expounded, and the specific problem of drug driving is solved.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3

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