从酒驾治理到酒的治理——中美酒驾惩戒制度与酒文化之比较

From Drunk Driving Management to Alcohol Management:A Comparative Study on Drunk Driving Sanction Mechanism and Alcohol Culture between China and America

相比中国酒驾问题频出,美国酒驾整治成效则相对显著,其原因就在于中美酒驾惩戒制度存在不同。二者惩戒制度的差异既包括技术性的制度设置的不同,也包括制度设计起点的差别。对于惩戒技术问题,中国可以借鉴和学习美国成熟的惩戒制度,而制度起点的差别即中国是"酒驾治理",而美国为"酒的治理",则与两国不同的地域文化密切相关。中国盛行的倡酒文化决定其无法复制美国基于自身禁酒文化所形成的酒的法制,而应当探寻中国自身传统酒礼文化的积极因素,结合当前社会酒文化"结构混乱"现状进行适应性调整,重塑新酒礼文化,建构有中国特色的酒的综合治理模式,从而实现从"酒驾治理"到"酒的治理"的转换。

Comparing to the large amount of problems of drunk driving in China, America has gained great success on drunk driving management. The reason lies in the differences of drunk driving sanction mechanisms implemented in both countries, which include not only the technical mechanism settings but also the mechanism distinction. It is practical for China to learn from the mature settings in America with regard to the technical mechanism. According to the distinction difference, China＇s mechanism aims at controlling drunk driving, while America concentrates on regulating alcohol. The deep roots of this kind of difference may come from the different cognition and convention in both countries. In China, alcohol is just a common kind of beverage and drinking alcohol is a kind of social contact rather than just alcohol abdication, while in America the alcohol is regarded as a kind of beverage that should be prohibited, so it is unreasonable that we just copy laws on alcohol management of America. Considering the positive elements of traditional culture of alcohol and the current chaotic alcohol situation in China, a new alcohol culture and Chinese characteristic alcohol management should be rebuilt to realize an integrated management system from ＂drunk driving management＂ to ＂alcohol management＂.