危险驾驶罪量刑均衡研究

Research of Sentencing Equalization for Dangerous Driving Crime

罪刑均衡原则要求,在裁量刑罚时,首先要考虑行为的社会危害性,其次要考量行为人的人身危险性等个体反社会人格因素。危险驾驶罪要实现量刑均衡,首先要厘清自身与相关犯罪的界限问题。其次,制定该罪的"罪刑阶梯表"是实现量刑均衡的有效途径,法官可以根据罪行轻重以及犯罪人人身危险性大小,逐格选择适用拘役、罚金及缓刑。

The principle of crimes and punishment equalization requires that, in the discretion of the criminal pun- ishment, the behavior＇ s harmfulness to the society, the actor＇s subjective vicious, personal risk, and other individual factors should all be taken into consideration. To achieve the balance of dangerous driving crime sentencing, we should firstly consider the relationship between the crime itself and crimes for traffic accident and endangering. Secondly, we should set up ladder form of crime and punishment＂ as an effective way to have the equalizat.ion crimes and punishment, and the judge may choose applicable criminal detention, fine and probation according the circumstances of the crime and the criminal personal risk.