也论危险驾驶罪的司法认定及立法完善

Judicial Determination in Dangerous Driving Crime and Its Legislative Improvement

《刑法修正案(八)》将醉酒驾车、飙车等危险驾驶行为入罪。针对实践中醉驾取证难、免刑缓刑适用、危险驾驶罪与交通肇事罪衔接及造成严重后果的交通违法犯罪案件定罪两难选择问题,立法上避重就轻、条文设计不合理、罪名不统一和量刑失当等缺陷,宜在《刑法》中单列危险驾驶罪,并对危险驾驶行为的客观方面及量刑档次设置专门法条。

In the eight amendment of Criminal Law criminalized dangerous driving such as drunken driving and drag racing, but in judicial practice exist the difficulties in obtaining evidence of drunken driving , applying impunity and probation, linkage between dangerous driving crime and traf- fic accident crime and awkward choice to convict traffic criminal matters involving disastrous consequences, and in legislation do irrational clause design e-vading the issue, unified accusation and improper sentence. The author insists that dangerous driving crime be a separate accusation with specialized pro- vision on objective aspect of dangerous driving and sentencing level.