论危险驾驶罪的立法缺陷及其完善

On the Legislative Defect of Crime of Dangerous Driving and Its Perfection

危险驾驶行为入罪弥补了我国现行刑事立法的不足,但还存在危险驾驶表述不严谨,缺乏实害犯的量刑幅度,刑罚过于轻缓、实践操作性不强等不足之处。因此,对危险驾驶罪予以完善就成为司法实践的需要。如应进一步界定危险驾驶行为的范围和种类、细化危险驾驶入罪的标准,适当增加危险驾驶的处罚力度和共犯规定等。

Identifying dangerous driving behavior guilty makes up for the deficiency of China＇s current criminal legislation.But there are still some inadequacies,such as dangerous driving not rigorously expressed,the lack of real harm committed sentencing range,the penalty being too playful,practical operability is not strong.Therefore,to perfect the legislation of crime of dangerous driving becomes the need of judicial practice.The scope and variety of dangerous driving behavior should be further defined.The crime standard of dangerous driving should be refined.Penalty degree of dangerous driving should be properly increased and provision of accomplice criminal law should be clearly made.