醉酒型危险驾驶罪司法境遇与刑法结构之反思

Reflection on the Judicial Situation and Criminal Law Structure of Dangerous Drunk-driving Crime

"醉驾"入刑十年以来,治理效果明显。但值得注意的是,醉酒型危险驾驶罪的案件数量仍在不断增长,2019年已成为公诉机关起诉数量最多的罪名,且缓刑、免刑的适用率一直处于较低的水平。可见,单纯的"严罚化"思想并不能完全解决"醉驾"问题。"酒驾"法定最高刑是拘役,入刑是一次"轻刑化"尝试,其出台是对我国传统刑法结构"厉而不严"的突破。虽然我国刑法并未因此进入犯罪分层阶段,但却为刑法结构向"严而不厉"或"中罪中刑"方向转变提供了契机。

In the past ten years,China has made some achievements in its governance,but it is worth noting that the number of cases of dangerous drunk-driving crime is still increasing.In 2019,it has become the most prosecuted crime by public prosecutors,and the application rate of probation and exemption has been at a low level.It can be seen that the pure"strict punishment"thought cannot completely solve the problem of"drunk driving".In addition,absorbing"drunk driving"into the criminal law is an attempt of"light punishment".As the highest punishment is only criminal detention,its introduction is a breakthrough in the“severe but not strict”structure of China’s traditional criminal law.Although it does not bring China’s criminal law into the stage of crime stratification,it gives an introduction to the transformation of the criminal law structure to the direction of"strict but not severe"or"middle crime and middle punishment".