摘要
针对近年来发生的一系列恶性醉酒肇事行为,此次刑法修正案(八)将醉酒驾驶行为入罪,但该罪在刑事责任的认定尤其是主观方面的认定上存在着诸多争议。本文立足于主客观相统一的原则,认为对醉驾人刑事责任的归责仍然需要以生理性醉酒人承担责任的根据为基础,并根据醉驾人的具体罪过状态决定是否为罪。
Drunk driving is written in the 8th Criminal Law Amendment due to a series of malignant accidents caused by drunk driving in recent years.However,there are many disputes on the identification on the liability of this crime and subjective aspects in particular.The author thought the criminal liability of drunk driver should be identified according to the reason that physiological drunker should undertake the liability based on the unity of subjective and objective and should be committed by the crime degree.
关键词
醉驾
生理性醉酒
刑事责任
drunk driving
physiological drunk driving
criminal liability
