酒驾罪设立之必要

The Necessity of Establishing Wine Driving Offense

目前,酒后驾车并造成严重后果的违法犯罪日益增多,为了警示和教育广大驾车人员充分认识酒后驾车的严重危害,今年9月,最高人民法院召开新闻发布会公布:醉酒驾车犯罪案件应依"以危险方法危害公共安全罪"的统一裁判标准审理。文章从保障酒后驾驶行为人以及普通民众的基本人权出发,提出应单独设立"酒驾罪",规定不同于现有惩罚措施的新的刑罚,这符合法益保护原则和罪刑相适应原则,能有效解决酒后驾驶的问题。

Currently, serious consequences after wine driving become progressively increasing. In order to alert the driving people to fully realize the serious harm of wine driving, In September, the supreme people＇ s court announced at a news conference： wine driving should be judged by the unified standards on a dangerous method to endanger public security crime. The actor proceed from the Angle of protecting wine driving people and the basic rights of common people, suggested that we should set up a separate ＂wine driving offense＂, set new punishment which is different from the existing, all of these which in accordance with both the principle of rights protection and principal of suiting punishment to crime Can effectively solve the problem of wine driving.