危险驾驶罪免刑实证研究

On Empirical Study of Offsetting the Penalty of Dangerous Driving Crimes

在定罪基础上,免刑是与判刑相对应的刑事责任实现方式。在宽严相济刑事政策指引下,纷繁复杂的危险驾驶罪案、严格有效的行政前置处罚、谦抑节制的刑罚适用理念,是促成危险驾驶罪免刑司法实践的主要动因。但免刑依据的刑法理论分歧、免刑标准的个案适用困惑、免刑后果的公众认同顾虑仍然极大地制约着当前的危险驾驶罪免刑司法实践。务实地缝合免刑理论分歧、综合地构筑免刑适用标准、理性地扬弃重刑主义观念,是优化危险驾驶罪免刑司法实践的有益路径。

Based on the conviction,offsetting the penalty is different from the sentence,which together constitute the implementation of criminal responsibility. On the guide of the criminal policy of combining punishment with leniency, the complicated dangerous driving crimes, the strict and effective administrative pre-punishment and the applicable concept of modest and prudent are the main contributing factors for the judicial practice of offsetting the penalty of the dangerous driving crimes.The different theoretical basis for the offsetting the penalty and the confusion of applicable standard in the judicial practice and the concerns of public recognition for the offsetting the penalty are still greatly restrict the judicial practice of offsetting the penalty of the dangerous driving crimes. Suturing the theoretical differences pragmatically,building the applicable standards synthetically and discarding the heavy penalty ideas rationally are the beneficial paths to optimizing the judicial practice of offsetting the penalty of the dangerous driving crimes.