危险驾驶罪司法实践中突出问题探讨

Discussions on Main Problems of Dangerous Driving Crime in Judicial Practice

对危险驾驶罪现实中突出问题可以通过以下路径加以解决:合理限制危险驾驶罪宣告缓刑的范围,统一宣告缓刑之标准,增强刑罚威慑力;严格区分不同罪质的危险驾驶行为并分类规制,提高立法的科学性;设置醉驾等危险驾驶场合造成人身损害之结果加重犯,切实贯彻罪责刑相适应原则。

The main problems of dangerous driving in the judicial practice can be solved by reasonably restricting the probation scope for dangerous driving crime and unifying the probation criteria to enhance the deterrent effect of criminal penalty;strictly differentiating the dangerous driving behaviors based on their criminal natures and making separate regulations to improve the rationality of legislation;and setting up aggregated consequential offenses for acts causing personal injury on drunk driving and other occasions to effectively implement the principle of suiting responsibility and punishment to crime.