域外醉驾行为刑法规制对我国的启示

The Enlightenment China Gaining from Foreign Criminal Regulations on Drunken Driving

与域外相比,我国醉驾入罪门槛并不低,提高醉驾入罪门槛非但不能达到有效减少醉驾案件数量的目的,反而可能会削弱对潜在违法者的威慑力。我国近年来醉驾犯罪数量激增,主要是因为机动车数量和有驾驶资格的人数不断增长,潜在违法者数量持续增多,而刑法对醉驾行为的规制未及时作出调整,没能适应新形势下的犯罪预防需要。面对类似情况,域外国家通常会降低醉驾入罪标准或者加大刑罚力度,以增强对潜在违法者的威慑力。我国应借鉴域外立法经验,降低职业司机和新司机醉驾入罪门槛,实行多元化的醉驾入罪标准,提高危险驾驶罪的法定刑,加大对醉驾者的处刑力度。

Compared with many foreign countries and regions, China’s threshold for drunken driving is not low. Raising the threshold for drunken driving won’t effectively reduce the number of such cases. Instead, it may weaken the deterrence force to potential offenders. In recent years, the crime of drunken driving is surging in quantity, and a main reason is as the motor vehicles and people with driving qualification keep rapidly increasing, there appear more potential drunken drivers than ever. However, the criminal law has no timely adjustments to regulations on drunken driving, thus failing to meet the needs of crime prevention in the new situation. Facing such situation, many foreign countries tend to enhance the deterrence to potential offenders through lowering the threshold for drunken driving or imposing severe penalties on the drunken drivers. China should learn from the legislative experience of these countries, lower the criminalization threshold for drunken driving acts committed by professional or new drivers, implement diversified standards for criminalization of drunken driving, inflict harsher statutory penalties on offenders of dangerous driving, and severely punish the drunken driving offenders.