危险驾驶罪的立法与司法省思

Legislative and Judicial Introspection on Dangerous Driving Crime

随着《刑法修正案（八）》的生效,刑法对危险驾驶行为的规制迈出了重要一步.一般认为,危险驾驶罪是为了应对风险社会的交通状况而增设的新罪名,具有历史的必然性.但由于危险驾驶罪的设置与刑法规范体系之间缺乏协调性,导致了在罪状和法定刑等方面存在诸多问题,这也致使司法人员对危险驾驶犯罪的适用上仍存在较大分歧.对《刑法修正案（八）》生效以来的危险驾驶罪司法实践进行反思,会发现现存的诸多问题仍然需要从立法的角度予以展开和诠释.在调整立法之前,目前的当务之急则是对危险驾驶罪的罪状加以精确确定,自然就需要将其与行政法和刑法中其他犯罪进行协调.

With the entry into force of ＂Sth Amendment＂ of the Criminal Code, the regulation of dangerous driving has taken an important step. Generally, the new crime of dangerous driving is set to deal with the traffic situation in the modem risk society. However, due to lack of coordination between the crime of dangerous driving and criminal law system settings, many problems arise in constituent elements and punishment, which also resulted in considerable differences in judicial application for dangerous driving crime. To ~eflect the judicial practices for the crime of dangerous driving since the entry into force, many problems still existing need to be expanded and interpreted from the perspective of legislation. Before adjusting the legislation, the current priority is to be accurately determined, while the crime of dangerous driving needs to be coordinated with other administrative and criminal offenses.