醉驾刑罚完善之构想——以海峡两岸比较为中心
发布时间：2018-11-17 06:37
【摘要】：当今,醉酒驾驶机动车辆而导致的重大交通事故频发,为了强化对公众安全的保障,世界各国都强化了刑法对醉驾行为的规制。大陆地区和台湾地区都将醉驾入刑,并在司法实践中产生了大量的司法判例,通过对比分析这些判例可以发现两岸对醉驾行为的定罪量刑存在着诸多差异。由于台湾地区醉驾的立法时间较早,司法运作的经验较为成熟,其相关做法可以成为大陆地区完善相关司法活动的借鉴素材,通过这种经验的学习和借鉴应能推动大陆地区有关醉驾行为定罪量刑的发展和完善。
[Abstract]:Nowadays, the major traffic accidents caused by drunk driving motor vehicles occur frequently. In order to strengthen the protection of public safety, countries in the world have strengthened the criminal law to regulate drunk driving behavior. Both the mainland and Taiwan will drive drunk into punishment, and in judicial practice has produced a large number of judicial precedents, through comparative analysis of these precedents, we can find that there are many differences in the conviction and sentencing of drunk driving between the two sides of the strait. As the legislation of drunk driving in Taiwan is earlier and the experience of judicial operation is relatively mature, the relevant practices can be used as reference materials for the mainland to perfect the relevant judicial activities. The study and reference of this kind of experience should promote the development and perfection of the conviction and sentencing of drunken driving in mainland China.
【作者单位】： 北京师范大学;
【分类号】：D924.3
，
本文编号：2336791
[Abstract]:Nowadays, the major traffic accidents caused by drunk driving motor vehicles occur frequently. In order to strengthen the protection of public safety, countries in the world have strengthened the criminal law to regulate drunk driving behavior. Both the mainland and Taiwan will drive drunk into punishment, and in judicial practice has produced a large number of judicial precedents, through comparative analysis of these precedents, we can find that there are many differences in the conviction and sentencing of drunk driving between the two sides of the strait. As the legislation of drunk driving in Taiwan is earlier and the experience of judicial operation is relatively mature, the relevant practices can be used as reference materials for the mainland to perfect the relevant judicial activities. The study and reference of this kind of experience should promote the development and perfection of the conviction and sentencing of drunken driving in mainland China.
【作者单位】： 北京师范大学;
【分类号】：D924.3
，
本文编号：2336791
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