论危险驾驶罪的立法现状及其完善

The Theory and the Present Situation of Legislation of Crime of Dangerous Driving

随着交通事故发生次数的逐渐增加,尤其是追逐竞驶行为和醉酒驾驶行为的增多,我国法学界专家经过慎重的思考与论证,最终将危险驾驶罪写入刑法。为了响应这一改变,新出台的《道路交通安全法》也做出了相对应的政策修改。随着该罪法规的实施,该罪在司法实践中暴露出来的问题越来越多,人们纷纷要求对该罪法规进行完善。2015年8月29日,我国《刑法修正案九》正式出台,众多学者认为修九对危险驾驶罪的修正并不明显,危险驾驶罪法规还可以更加完善。文章试图通过分析危险驾驶罪的立法现状,找出该罪现存的不足,针对这些不足提出个人的思考与建议。

With the gradually increase the number of road traffic accidents, especially after race driving behavior and drunken driving behavior, after careful thought and discussion in our country, will eventually be dangerous driving crime in the criminal law. New things always not perfect, however, people since breaking into the punishment after the discussion of it intensi- fied. In response to this change, the new Law of Road Traffw Safety also made a contrast of policy. However, with the implementation of this crime in the judicial practice critical leak problem is becoming more and more people have require- ment for the perfection of this crime. Tin August 2015. China~ ＂Criminal Law Amendment Nine＂ formally introduced. However, many scholars believe that the contribution of nine not so obvious, dangerous driving sin can also be more per- feet. This article attempts through the analysis of the legislation of crime of dangerous driving current situation, find out the existing insufficiency, individual thinking and Suggestions are put forward based on these deficiencies, sincerely hope to perfect our country judicial organ it have a little effect.