论醉驾附条件不起诉控制模式

On Conditional Non-prosecution Control Mode to Drunk Driving

醉驾入刑门槛低,导致许多无需刑事处罚的醉驾案都充斥到诉讼中,严重浪费司法资源。纵使许多案件适用缓免刑,因缺乏后续有效措施,未能真正实现教育与惩戒的目的,反而创造了大量"标签"人群。在醉驾不再一律入刑的背景下,适时引入附条件起诉制度,采用非刑罚化处罚方式,进行针对性地教育和惩戒,既减少犯罪标签对驾驶者的影响,又实现审前分流的功能,具有现实意义。

The low threshold into the penalty gate for drunk driving has caused many drunk driving cases that do not require criminal punishment into the field of,litigation,which seriously wastes judicial resources.Even though many cases have been applied to the exemption and reprieve,the lack of follow-up effective measures has failed to achieve the goal of education and punishment.Instead,a large number of“tags”groups have been created.Under the background that drunk driving is no longer all included in the sentence,the conditional prosecution system is introduced timely and the non-penalized punishment method is adopted to carry out targeted education and punishment,which not only reduces the impact of the crime label on the driver,but also realizes the function of pre-trial diversion,which is practically significant.