严格责任下的醉驾型危险驾驶罪

Drunk Driving as a Type of Dangerous Driving Crime under the Principle of Strict Responsibility

醉驾行为与危害结果之间的关联性并不贴合犯罪故意中"必然会"或"可能会"的紧密程度,醉驾人对危害结果也并不持有"追求或放任"的意志因素,因此醉驾型危险驾驶罪不属于我国《刑法》规定的故意犯罪。同时,现行规定不要求醉驾型危险驾驶罪的构成需要危害结果已经发生,因此也不属于传统理论上的过失犯罪。实际上,我国《刑法》对醉驾型危险驾驶罪作如此规定,是为了凸显刑法对醉驾行为最为严厉的惩罚性,是一种突破我国传统刑法罪过理论的立法模式,与英美刑法的严格责任有相通之处。

The relationship between drunk driving and its damage does not conform to the association beindulge oneself to cause＂ the damage. Therefore, drunk driving as a type of dangerous driving crime shall not be classified to the category of intentional crime. Meanwhile, the damage caused by drunk driving is not a necessary premise of dangerous driving crime in the present prescription, so accordingly it is not a kind of negligent crime prescribed by traditional theory. In effect the criminal law in China set up such regulation in order to punish drunk driving severely, which is a legislative mode break through the traditional jurisprudence on criminal offence, and share similarities with Anglo - American criminal law in terms of the principle of strict responsibility.