危险驾驶罪案件中刑事处罚与行政处罚对接问题研究

Research on the Connection of Criminal Penalty and Administrative Penalty in Dangerous Driving Crime Cases

危险驾驶罪是典型的行政犯。具有既存在行政违法性又存在刑事违法性的基本特征,二性同时存在决定要对其同时进行行政处罚和刑事处罚。但是,根据法律责任追究时“一事不二罚”的一般原理,对危险驾驶罪案件需要进行行刑程序上的对接,并对两种法律责任的后果按照同类折抵、异类并罚的原则处理。

The crime of dangerous driving is a typical administrative offense.It has the basic characteristics of both administrative and criminal illegality.The co-existence of the criminality leads to the administrative and criminal punishment of this offense.However,in accordance with the general principle of One Case Without Two Penalties in the investigation of legal liability,it is necessary to carry out the docking of execution procedure in the case of dangerous driving crime,and deal with the consequences of the two kinds of legal liability according to the principle of the same kind of deduction,different and combined punishment.