从醉驾入罪看网络舆情与立法理性的冲突

The Conflict Between Network Public Opinion and the Rationality of Legislation from the Conviction of Drunk Driving

醉驾入罪是网络舆情促推的结果,并非立法理性的必然体现。现行醉驾入罪的法律规定与刑法价值理念相冲突。应当取消醉驾入罪,或者将一般醉驾行为回归《道路交通安全法》等行政法调整,要么提高危险驾驶罪的法定刑,将所有醉驾行为构成犯罪的一律以危险驾驶罪定罪,并根据情节或后果规定不同档次的法定刑。

Drunk driving conviction was the result of network public opinion promotion,not an inevitable reflection of rational legislation.Current law on drunk driving conviction conflicts with the concept of criminal law.So drunk driving conviction should either be eliminated and ordinary drunk driving behavior should be adjusted by the Road Traffic Safety Law,or improve the statutory criminal offence of dangerous driving and all drunk driving behavior be considered as a crime of dangerous driving offence conviction and different grades of statutory penalty should be sentenced in accordance with the circumstances or consequences.