醉驾型危险驾驶罪的实证剖释

An Empirical Analysis and Explanation of Drunken-driving Type in Crime of Dangerous Driving

醉驾入刑以来,现已位列刑事案件之首。立足于贵州省毕节市检察机关近五年来受理的因醉驾被立案查处的一审刑事案件,以受理案件的总体情况、醉驾者的情况、发案时的基本情况、发案后采取的强制措施及判决结果等相关统计数据为蓝本,通过深入剖析醉驾型危险驾驶罪在司法实践中存在的立法罅隙明显、执法有待规范、司法莫衷一是、守法不如人意等治理困境症结,提出从科学立法让刑法适用有迹可循,严格执法使人权保障与刑事追究同文共轨,公正司法令犯罪防控遐迩一体,全民守法让社会综合治理标本兼治等方面构建醉驾型危险驾驶罪的治理新路径。

Since the act of drunken driving was legislatively stipulated as a crime, the number of such cases has already been the highest in criminal cases. Based on the first-instance drunken driving cases which have been investigated and dealt with by procuratorial organs in Bijie city, Guizhou province over the past five years, we have collected statistical data relevant to the general situation of such cases, the drunken drivers’ basic information, the circumstances when the cases took place, the compulsory measures taken after the cases, as well as the judgment results. Then, after an in-depth analysis of the crucial reasons behind the judicial difficulties involving drunken-driving crimes, such as obvious deficiencies in legislation, unstandardized law enforcement, disagreement in judicial practice, and unsatisfactory obedience to law, we put forward some new approaches to improve the governance on drunken-driving type in crime of dangerous driving: providing the application of criminal law with legislative grounds through scientific legislation, placing equal emphasis on human rights protection and criminal punishment through strict law-enforcement, coordinating crime prevention and crime control through impartial justice, and trying to address both the symptoms and root causes in comprehensive social governance through the observance of law by all.