醉驾型危险驾驶罪若干问题研究

发布时间：2018-04-28 15:35

本文选题：危险驾驶罪 + 醉驾　；参考：《湖南大学》2014年硕士论文

【摘要】：近些年来，我国机动车数量猛增，同时，，随着我国酒桌文化的影响，越来越多的人忽视交通法规醉酒驾车，造成严重危害后果，给人民群众的生命财产、健康安全都构成了严重威胁。为了惩治并预防醉酒驾驶的行为，维护人民群众的生命安全和出行安全，《刑法修正案(八)》第22条规定：“在刑法第133条中新增一款规定——在道路上醉酒驾驶机动车的，处拘役，并处罚金。该规定于2011年5月1日开始生效”。“醉驾入刑”自此在刑法条文中被确定下来，之后，各地也纷纷开展惩处“醉驾”活动，全国各地不断有醉驾者被判处刑事处罚，确实达到了立法的目的，取得了预期的效果，但由于没有具体的量刑尺度，全国各地对醉驾行为的判决结果都不一样，有“同罪不同罚”，有缓刑，有拘役，有坚持“一律入刑的”，有因为情节显著轻微而不认为是犯罪的，有用行政处罚代之的，有取证标准不统一的，引起了广泛争议。广大民众开始质疑:“醉驾是否应一律入罪”、“醉驾量刑是否可以使用缓刑和累犯制度”、“应该适用哪一种检验标准”，“是否设置资格刑”，“主刑是否需要完善分类”等等问题，这些问题造成了“醉驾”型危险驾驶罪实行的模糊地带，因此，需要对“醉驾”型危险驾驶罪的争议性问题进行探讨，进一步明确“醉驾”型危险驾驶罪的犯罪构成，就醉驾行为是否一律入罪提出自己的观点。而且，醉酒驾驶行为不仅会构成危险驾驶罪，还可能会引发危险驾驶罪与其他罪名的竞合和重叠，有必要梳理出醉驾行为引发的自下而上的刑罚体系。并对“醉驾”型危险驾驶罪执法和司法中的其他问题进行探讨，为本罪的完善提出创造性的建议。
[Abstract]:In recent years, the number of motor vehicles in China has increased dramatically. At the same time, with the influence of the wine table culture in China, more and more people ignore the traffic laws and regulations and drive drunk, causing serious harm to the people and giving life and property to the people. Health and safety pose a serious threat. In order to punish and prevent drunken driving and to safeguard the safety of life and travel of the people, Article 22 of the Amendment to the Criminal Law (VIII) stipulates: "A new paragraph in Article 133 of the Criminal Law provides that those who drive a motor vehicle drunk on the road, Be sentenced to criminal detention and a fine. This provision shall enter into force on May 1, 2011. " Since then, "drunk driving into the criminal law" has been determined in the articles of the criminal law. After that, many localities have also carried out activities to punish "drunk driving". In various parts of the country, drunken drivers have been sentenced to criminal punishment, which has indeed achieved the purpose of legislation and achieved the expected results. However, since there is no specific measure of sentencing, the results of judgments on drunken driving are different across the country. There are "different penalties for the same crime," probation, criminal detention, and insistence on "all people entering the criminal penalty." Some of them are not considered to be criminal because the circumstances are significantly minor, some are replaced by administrative punishment, and the standard of evidence is not uniform, which has aroused wide controversy. The general public began to question: "should drunk driving be all criminalized," "can we use the probation and recidivism system in drunk driving sentencing," "what kind of test should be applied," and "is there a qualification penalty?" Such problems as "whether the main punishment needs to be improved and classified", which result in the fuzzy zone of "drunk driving" type dangerous driving crime, therefore, need to discuss the controversial problem of "drunk driving" type dangerous driving crime. The criminal constitution of "drunk driving" type dangerous driving crime is further clarified, and the author puts forward his own view on whether drunk driving behavior is all criminalized. Moreover, drunken driving behavior will not only constitute the crime of dangerous driving, but also may lead to the competition and overlap between the crime of dangerous driving and other charges. It is necessary to sort out the bottom-up penalty system caused by drunk driving behavior. It also probes into other problems in law enforcement and judicature of "drunk driving" type dangerous driving crime, and puts forward creative suggestions for the perfection of this crime.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924.3

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