醉驾行为非犯罪化的治理风险及其防范

Governance Risks of Decriminalization of Drunk Driving and Their Prevention

醉驾行为的非犯罪化固然有节约司法资源的成效,但也存在刑法震慑功能削弱、道路交通危险系数升高、司法认同感降低的治理风险,因此亟需构建相应的风险防范制度,避免醉驾行为非犯罪化引起的负面效应。研究认为:首先,对于被非犯罪化的醉驾行为人,交管部门应构建驾驶记录报告制度,以实现对其驾驶行为的切实监管。另外,考虑到现实中仍会有部分醉驾者最终被定罪处罚,为了有效助力其回归社会,提倡构建前科消灭制度。其次,基于立体刑法学启示,寻求刑法与行政法联动,构建行刑衔接制度,优化醉驾日常的行政执法模式。最后,基于犯罪学视野下醉驾行为预防立场,探索构建醉驾情境、心理学与医学上的预防制度,以达到醉驾行为事前治理和源头治理的目的。

The decriminalization of drunk driving certainly has the effect of saving judicial resources,but it also has the governance risks of weakening the deterrent function of the criminal law,increasing the road traffic danger coefficient,and decreasing the sense of justice,so it is urgent to build a corresponding risk prevention system to avoid the negative effects caused by the decriminalization of drunk driving.It is concluded that firstly,for the decriminalized drunk driving offenders,the traffic administration department should build a driving record reporting system to realize the effective supervision of their driving behavior.In addition,considering the reality that some drunk drivers will still be convicted and punished in the end,in order to effectively help them return to the society,it is advocated to build a system of eliminating previous convictions.Secondly,based on the revelation of three-dimensional criminal law,the linkage between criminal law and administrative law should be sought,and a system of linkage between execution and punishment should be constructed,so as to optimize the administrative law enforcement mode of drunk driving in daily life.Finally,based on the position of prevention of drunk driving from criminology perspective,the construction of a preventive system of drunk driving situation,psychology and medicine should be explored,so as to achieve the purpose of ex-ante governance and source governance of drunk driving.