危险驾驶罪若干问题探析——对《刑法修正案(八)》第22条的解读与展望

Probing into Several Questions on Dangerous Driving Crime —— The Interpretation and Prospect of Article 22 of the 8th Amendment of Criminal Law

《刑法修正案(八)》第22条规定的危险驾驶罪在性质上属于抽象危险犯,该罪的主观方面是故意,客观方面的行为包括追逐竞驶和醉酒驾驶。危险驾驶行为的认定不仅涉及文义解释,还涉及到"情节恶劣"和醉酒状态的认定问题。作为抽象危险犯,该罪也可能存在预备、未遂和中止形态,但从刑法的谦抑性考虑,对其预备、未遂和中止形态应不予刑事处罚。该罪不仅存在共同犯罪问题,还与交通肇事罪和以危险方法危害公共安全罪相关,在司法实践中需予以仔细分析。

Dangerous driving crime regulated by Article 22 of the 8th Amendment of Criminal Law is abstract potential damage offense.Its subjective aspect is intention,and its objective aspects include chase driving and drunken driving.The determination of dangerous driving behavior relates to literal interpretation and the identification of drunkenness and＂Vile-Plot＂.As abstract potential damage offense,dangerous driving crime may have the accomplished and unaccomplished state.But the unaccomplished state of the dangerous driving crime should not be punished,considering the austerity of criminal law.Dangerous driving crime has the problem of joint offense,and is related to the traffic accident crime as well as the crimes against public security by dangerous means.All of these problems need to be discussed in judicial practice.