危险驾驶行为入罪的合理性及其立法改进

Rationality of Criminalization of Dangerous Driving Behavior and the Improvement in Legislation

对危险驾驶行为是否应当入罪的探讨,针对的并不是应否弥补我国法律制裁体系的疏漏,其焦点在于是否应当将原本属于行政处罚范围的若干行政违法行为纳入刑事制裁的范围。受当前各种主客观条件的限制,对危险驾驶行为的行政制裁明显乏力,因此将若干情形的危险驾驶行为入罪具有一定的合理性,但是必须要注意对入罪的范围和程度加以限制;同时,更要认识到,就对危险驾驶等交通违法犯罪行为的防治而言,关键在于形成多种社会治理手段的整体合力。对危险驾驶罪的立法设计应从罪状与法定刑两个方面同时加以改进:一方面,应在罪状中适当增加危险驾驶罪的行为方式,并对各种行为方式均设置"情节恶劣"或"情节严重"等限制性规定;另一方面,应在法定刑中增加"二年以下有期徒刑"、"管制"和"单处罚金"的刑罚配置。

The discussions of criminalization of dangerous driving behavior are not aimed at making up for the loopholes existing in the system of legal sanctions of our country, and their focus is whether some behaviors originally listed in the scope of administrative punishments should be given criminal punishments. Because of the limitations provided by all kinds of subjective and objective conditions, the administrative sanctions against dangerous driving behavior are obviously lacking in strength. Therefore as far as the criminalization of dangerous driving behavior is concerned, there exists certain rationality, but the scope and extent of criminalization should be limited. As far as the control of transportation illegal behaviors such as dangerous driving behavior is concerned, the key lies in the formation of combination of efforts. The legislative design of crime of dangerous driving should be improved. On the one hand, the behavioral patterns should be added appropriately in the charge in the crime of dangerous driving, and the restrictions such as ＂the circumstances are serious＂ should be provided for all kinds of behavioral patterns. On the other hand, the punishments such as ＂fixed-term imprisonment of not more than two years＂, ＂public surveillance＂ and ＂separate fine＂ should be added in the statutory sentence of dangerous driving.