醉驾入刑的反思与完善

Reflection and Improvement of Drunk Driving into the Punishment

醉驾入刑是风险社会背景下积极刑法立法观的体现。从醉驾入刑实施的背景以及效果来看,醉驾入刑有其正当性,刑法干预前置化也确实可以延伸对法益的保护,但是醉驾入刑的弊端也日渐显现,其“溢出效应”甚至大于刑罚本身。回顾醉驾入刑十余年来的法律实践,有合理的理由为醉驾保留一定的出罪空间并建立起相应的配套机制。在犯罪圈不断扩张的背景下,完善醉驾等微罪行为的出罪路径,体现了我国宽严相济的刑事司法政策。

Drunk driving into the punishment is a manifestation of the positive criminal law legislation concept in the context of a risk society. Reviewing the background and implementation drunk driving into the punishment and its effect, drunk driving into the punishment has its legitimacy, and the pre-intervention of criminal law can indeed extend the protection of legal interests, but the drawbacks of drunk driving into the punishment are also emerging, and its “spillover effect” is even greater than the penalty itself. Reviewing the legal practice of drunk driving into the punishment for more than ten years, there are reasonable reasons to reserve a certain space for conviction for drunk driving and establish a corresponding supporting mechanism. Under the background of the continuous expansion of the criminal circle, the path of conviction for drunk driving and other minor crimes is perfected, which reflects our country’s criminal justice policy of combining punishment with leniency.