危险驾驶与刑事责任.pdf

危险驾驶的刑事责任中文摘要
危险驾驶的刑事责任
中文摘要
近年来,随着“飙车”、“醉驾”致人死伤恶性案件的频发,以何种罪名来追究肇事
者的责任引起了广泛的热议。然而各地法院对几起典型案件的判决,有以“交通肇事
罪”定罪的,亦有认定构成以危险方法危害公共安全罪的案件,并出现了量刑的巨大
差距。由此,给社会造成了一种类似案件判罚不一,尤其是不同地区间差异极大这样
一种印象。不仅在司法实务部门、刑法理论界争议颇大,更引起了社会的高度关注。
本文力求通过相关典型案件,分析当前司法实践中对危险驾驶刑事案件处理不
一的成因,以及当前处理危险驾驶刑事案件所面临的司法困境,并提出突破这些困境
的对策:即运用原因自由行为解决醉酒、吸食毒品等危险驾驶行为人的主观认定,建
议在我国刑法中增设危险驾驶致人死伤罪。
关键词:危险驾驶、刑事责任、司法困境、刑法修正

作者:林丽华
指导老师:王昭武

I
Abstract Criminal liability for dangerous driving
Criminal liability for dangerous driving
Abstract
In recent years, With the “drag racing”, “drunk driving” deaths and injuries caused
by frequent malignant cases, What charge with investigated that troublemaker's
responsibility has caused everybody's warm discussion. However, several parts of the
court's decision is not the same as typical cases, Some to be convicted Crimes of Causing
Traffic Casualties to behavior people,Also some courts set mind on the behavior people
composing the crime mon safety with dangerous method, and, existence
is also gigantic on measurement of penalty difference. Therefore, to create a society
different penalty in similar cases, particularly differences between different parts of such a
great impression. Not only in the judicial practice department, the criminal law theorists
has caused the huge dispute, also has aroused society's high interest.
This article makes every effort through the related leading case, in the analysis
current judicature practice the reason which varies to dangerous driving criminal case
processing, and the current handling of dangerous driving face justice in criminal cases
difficulties, and proposed that breaks through these difficult positions the countermeasure:
Proposed in the Criminal Code of deaths and injuries caused by dangerous driving
additional crimes.
Key words: dangerous driving、criminal responsibility、justice dilemma、criminal
law amendment

Written by linlihua
Supervised by wangzhaowu