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随着时代的不断发展,城市化进程迅速加快,交通运输业不断发展,醉酒驾驶等危险行为导致的交通事故也随之增多。近年,交通运输行业的一些危险驾驶的恶性案件时有发生,这些违法犯罪行为给人民群众的生命和财产安全造成极大的损害,引起了全社会的广泛关注,对这些行为进行严厉惩治迫在眉睫。在这样的背景下,基于对民生的保护和加大对严重危害人民群众安全行为惩处的考虑,刑法修正案(八)正式将危险驾驶纳入刑法惩治的范畴,即在刑法第一百三十三条交通肇事罪后增加一款作为第一百三十三条之一,即危险驾驶罪。这种立法上的明确无疑是理性的选择,但是,这样一个新罪如何与现实的司法实践情况相契合,它的具体操作性到底强不强,还有待进一步理性思考该罪的缺陷和不足,并在立法和司法实践中来进一步完善。
With the continuous development of the times, the process of urbanization is rapidly accelerating. The continuous development of the transportation industry and the traffic accidents caused by dangerous behaviors such as drunk driving also increase. In recent years, some dangerous cases of dangerous driving in the transportation industry have taken place from time to time. These criminal activities have caused tremendous damage to people’s lives and property safety and have aroused widespread concern in the whole society. It is imminent to severely punish these acts. Under this background, based on the protection of people’s livelihood and the increasing consideration of penalties that seriously endanger the safety of the masses, the Criminal Law Amendment (8) formally puts into action the definition of dangerous driving in the criminal law punishments, that is, in the 133rd article of the Criminal Law A traffic offense add a paragraph as one of one hundred and thirtieth one, that is, dangerous driving offense. However, whether such a new crime meets the reality of judicial practice, its concrete operability is not strong in the end, and it still needs to think more rationally about the defects and shortcomings of the crime, And further improve in legislation and judicial practice.