危险驾驶罪的诠释与适用问题探究

Study on the Interpretation and Judicial Application about the Crime of Dangerous Driving

《刑法修正案(八)》将危险驾驶行为纳入刑法具有恰当性,但未将"吸毒驾驶"、"无证驾驶"等同质性危险驾驶行为入罪。对危险驾驶罪的司法认定,要从成立本罪的地域范围限制、对象限制、时间限制、具体行为种类及行为程度等方面进行。司法适用中要注意本罪与"以危险方法危害公共安全罪"、"交通肇事罪"相关罪名的衔接;对本罪关涉的程序、证据问题的处理,要注意公正与效率相结合。

It is appropriate that dangerous driving behaviors are brought into criminal law in Amendment Ⅷ to the Criminal Law of the People＇s Republic of China. However, other acts as ＂drug driving＂, ＂driving without a license＂ which are homogeneous are excluded. From the perspective of judicial determination about the crime of dangerous driving, geographical range limits, object restrictions, time limits, types of conduct and level of behaviors are main factors. In judicial application, it＇s necessary to focus on the links to ＂offense against public security with dangerous methods＂, ＂offense against traffic law＂ and to keep fair and efficient to handle the procedural and evidentiary issues.