在实际生活中,危险驾驶罪是比较常见多发的犯罪,而且涉及的人数众多。在没有司法解释的情况下,认定本罪还要进一步的细化,处理不好会影响社会稳定。因为危险驾驶罪是把原来行政处罚的两种行为上升为犯罪,这极容易把行政处罚的行为和犯罪行为相混淆。鉴于刑法的严厉性,同时考虑到危险驾驶罪的入罪门槛比较低,此外,本罪预防的对象是极为广大的机动车驾驶者,是一种极易触犯的罪名,不然就不会有人反对增设该罪名了,因此,除了在法条上应作出严格限制外,在实践中还要注意罪与非罪的区别以及与其他罪的区别。 In actual life, dangerous driving offense is the most common and frequent crime, and involves a large number of people. In the absence of judicial interpretation of the case, finds that the crime should be further refined, not handled properly will affect social stability. Because dangerous driving offense is the original two acts of administrative penalties increased crime, it is very easy to administrative penalties and criminal acts to be confused. In view of the seriousness of the criminal law, taking into account the relatively low threshold of criminal conviction, in addition, the object of prevention of this crime is the extremely large number of motor vehicle drivers, is a very easy offense, otherwise there will be no objection Therefore, in addition to the strict restrictions that should be imposed on the law, in practice, we should also pay attention to the difference between sin and non-sin as well as the difference from other crimes.