从危险驾驶罪的司法实践看刑罚的理性适用——从重庆市某区检察院办理的危险驾驶罪案件说起

On the Rational Application of Penalty in the Judicial Practice concerning Dangerous Driving

危险驾驶入刑确实在惩防此类行为方面具有相当效果,但很难说比单用行政处罚效果更佳,且会带来诸多负面效应;危险驾驶罪的量刑规范化过程经历了最高司法机关分别解释、基层司法机关各自调整、基层司法机关互相协调、最高司法机关联合解释等四阶段,效率不高、主动性不强,也影响了司法公信和效果。包括危险驾驶罪在内的任何罪名在适用刑罚时都应保持理性,都应认真考量理论上的必要性、实践中的有效性和执法尺度的合理性。

adding dangerous driving in criminal law is effective in deterring such behavior, but negative effects also have been brought as well, so it is hard to say whether it is better than administrative penalty or not. The process of the normalization of dangerous driving sentencing has undergone the supreme judicial or- gans＇ interpretation separately, the primary level judicial offices＇ adjustment independently, co - ordination between the primary level judicial offices, and the joint interpretation of the supreme judicial organs. This pro- cedure is inefficient and lack of initiative, thus the public confidence and effectiveness of justice are negatively influenced. We must be rational in applying criminal penalty to any crimes including dangerous driving. Theo- retical necessity, effectiveness in practice and rationality of law enforcement must be taken into consideration.