“醉酒型”危险驾驶罪客观方面的基本问题

The Basic Problem on the Objective Aspect of the Crime of Dangerous Driving

危险驾驶罪的设立有效制止了我国醉驾高发态势,获得了良好的法律效果和社会效果。但是,危险驾驶罪在司法实践中也凸显了不少实际问题和困惑。在"醉酒型"危险驾驶罪客观方面认定时,对醉酒的标准应当采取客观标准,而不是主观标准;驾驶行为是指行为人基于运行机动车的意思而发动机动车引擎或实际运行机动车;超标电动车应列入机动车的范围;道路的基本特点是区域公共性和车辆通行性,生活小区内的类似道路应归属于危险驾驶罪中的道路。

The implementation of the crime of dangerous driving has effectively stopped the high trend of drunk driving and also obtained good legal and social effect. However, there are also many practical problems and puzzle- ments over dangerous driving crime in judicial practice. When identifying the objective aspect of the dangerous driving crime, the drunken standard should adopt objective criteria rather than subjective criteria. Driving behavior can only be identified with the act of starting vehicle engine or driving a motor vehicle based on the intention of starting motor vehicle. Electric vehicle beyond the standard should be included in the scope of vehicle. The basic characteristics of the road are regional publicity and vehicular passing, such road as in residential area should be- long to the road as required in the crime of dangerous driving.