毒驾入刑研究——以毒驾与醉驾的比较研究为视角

Study on Drugged Driving——A Comparative Study of Drugged and Drunk Driving

近年来,对于毒驾入刑的呼声越来越高,尤其是在醉驾写入刑法之后,毒驾更是成为众矢之的。毒驾与醉驾是否能够相提并论,在舆论与学界都有不同的看法。通过毒驾与醉驾的发案率、入刑的执法成本以及法律规制等方面进行对比研究,对毒驾入刑提出质疑,以求毒驾行为得到客观而正确的认识与合理规制。

In recent years,there are more and more voices for criminal punishment of drugged driving,especially after drunk driving has been regarded as a criminal act by the criminal law. It is controversial both in public opinions and academia whether drugged driving and drunk driving can be mentioned in the same breath. Through the comparative study on the incidence rate,the law enforcement costs,and legal regulations of both drugged driving and drunk driving,this paper questions the necessity of criminal punishment of drugged driving in order that drugged driving can be objectively and correctly understood and regulated.