论危险驾驶罪的行为构成

On Behavior Composition of Dangerous Driving Offense

危险驾驶罪包括两种行为:在道路上醉酒驾驶机动车和驾驶机动车追逐竞驶。醉驾是抽象危险犯,只要实施醉酒驾驶行为,立法就推定危险状态已经存在,彰显的是行为无价值。我国刑法的醉驾归属于形式犯,而非实质犯。在道路上驾驶机动车追逐竞驶,情节恶劣的,是具体的危险犯,突出的是结果无价值。

The dangerous driving offense includes two kinds of behaviors: driving the automobile in drunken state;diving the automobile to compete with others.Drunken driving is abstract dangerous offence.Once driving in drunken state,the dangerous condition has been already existed in legislation,which shows the behavior is invaluable.The drunken driving offence is formal crime,not substantial one.Driving to compete with others,if the consequence is serious,is concrete dangerous crime,in which its result is invaluable.