醉驾入刑诸问题新探讨

Discussion on Some Issues of Penalty for Drunk Driving

醉驾入刑一年多来,其法治效果和社会效果显现,但同时也存在一些问题。在法律与政策精神上,司法机关对醉驾行为的处理既要坚持从严惩处的态度,同时也要正确贯彻宽严相济的基本刑事政策。醉驾的情形多种多样,对醉驾入罪应根据其情节的不同区别对待,同时合理理解和正确适用醉驾的标准,并从立法上完善醉驾入刑的规定。

The legal and social effects of legislation of drunk driving have been obvious since it was regulated in China criminal law more than a year ago. There are some problems in judicial practice. In treating drunk driving behavior, the judicial organs should not only adhere to strict attitude, but also implement the leniency criminal poli- cy correctly. There are a variety of drunk driving cases which should be acted as crime cases on the basis of the dif- ferent plots and the standards of drunk driving. The legislation of drunk driving should be improved in future.