醉驾案件附条件不起诉制度研究

Study on conditional non-prosecution system of drunk driving cases

醉驾一律入刑以来,各地司法机关危险驾驶罪案件数量急剧增多,这是不符合我国宽严相济的刑事政策的,并严重地浪费了司法资源,导致了个案不公、司法权威受损。通过对醉驾案件进行实证数据分析和必要性及可行性分析,结合当下醉驾案件的特点,将短距离挪动车位、隔夜隔时醉驾、救治病人等11种情形纳入附条件不起诉的范围。并辅以配套措施,从事前听证程序、考察事项、考察时间、期满后处理四个方面加以限制,从而避免醉驾附条件不起诉制度的滥用,使醉驾附条件不起诉制度真正落到实处,达到惩戒和教育的是双重目的。

Since drunk driving brought into the penalties, there has been a sharp increase in the number of eases in the various judicial organs, and drunk driving behavior has achieved certain convergence. However, theoretically speaking, drunk driving in all sentences is inconsistent with our country＇ s criminal policy of temperance with severity, and it also brings with it a series of problems, such as waste of judicial resources, injusflee of eases, and damage to judicial authority. Combining China＇ s existing conditional non-prosecution system and the nature of dangerous driving crimes, the feasibility of conditional non-prosecution of drunk driving eases was analyzed. 11 eases including moving parking spaces, overnight drunk driving, and treating patients were ineluded in the drunk driving conditional non-prosecution. The scope of the project is supplemented by support- ing measures, and the former hearing process, inspection items, inspection time, and post-expiration processing are limited in four aspects so as to avoid the abuse of the conditional non-prosecution system.