抽象危险犯的限缩认定研究——以醉酒型危险驾驶罪为例

Study On the Restricted Reduction Path of Drunk Dangerous Driving Crime——Take the Abstract Dangerous Crime of Drunken Driving as an Illustration

在刑事立法的进程中,醉酒型危险驾驶行为入刑是典型的抽象危险犯作为刑法理论对风险社会的积极回应。虽然抽象危险犯立法式的工具化特征契合防控因醉驾而引起的交通风险的现实需要,但对其拓宽刑法打击半径,扩张犯罪的界限仍然要保持警惕。因此,应从入罪限缩及出罪扩张二元机制进行限制醉酒型危险驾驶罪的扩张范围,以此保持刑事司法的谦抑性品格。

In the process of criminal legislation, the punishment of drunken dangerous driving behavior is a typical abstract dangerous crime as a positive response of criminal law theory to the risk society. Although the legalized instrumentalization of abstract dangerous crime conforms to the practical needs of cracking down on traffic risks caused by drunk driving, we should still be vigilant against widening the scope of criminal law and expanding the boundaries of crime. Therefore, it is necessary to restrict the expansion of drunken dangerous driving crime through the dual mechanism of limiting the entry crime and expanding the exit crime, so as to maintain the modesty and restraint character of criminal justice.