从连坐观念分析酒后驾驶行政处罚扩大化的正当性——兼评“与醉驾司机同乘一车的乘客也应进行处罚”

The Analysis on Legitimacy of the Magnify of the Administrative Punishment for Driving After Drinking from the Concept of "LianZuo"——on the Idea that "Passengers Who are in the Same Car Driven by the Drunk Driver Should Also Be Punished"

针对日趋严重的酒后驾驶引发的交通安全问题,各国积极探寻应对措施,如酒后驾驶的犯罪化、加大行政处罚力度等;我国交通管理部门也提出了"与醉驾司机同乘一车的乘客也应进行处罚"的建议稿。对此,我们从连坐处罚的观念出发探讨其正当性的缘由,认为应当从参与者与保证人视角出发,结合同乘一车的乘客的具体情况作具体分析,才能得出较为合理的结论。

Against the increasingly serious traffic safety problems caused by drunk driving,all countries in the world are actively seeking for the reacting measures,such as the criminalization of drunk driving and the increase of administrative punishment. The most controversial issue is the ＂lianzuo＂,that is,the punishment for being related to the one charged. In China,traffic management department also put forward the draft of proposal that passengers who are in the same car driven by the drunk driver should also be punished. The authors explore the legitimacy from the concept of ＂lianzuo＂,maintaining that considering specific circumstances of the passengers,more reasonable conclusions can be reached from the perspective of participants and guarantors.