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《中华人民共和国刑法修正案(八)》自2011年5月1日开始正式施行,迄今已一周年有余,可以说取得了重大的成效。全国公安机关查处酒后驾驶数量及酒驾导致交通事故的数量均同比有大幅下降,而“喝酒不开车、开车不喝酒”的观念也正逐步深入人心。与此同时,在处理“酒驾型”危险驾驶罪的司法实践中,还面临着大量难题。本文从我国内地对醉酒驾车行为的刑法规范出发,兼与我国澳门地区相关规范进行比较,旨在对更好的预防和治理醉酒驾驶犯罪提供一点思路。
The Criminal Law Amendment (8) of the People’s Republic of China has been officially implemented since May 1, 2011, and has more than a year since its birth to date. It can be said that significant achievements have been made. The number of alcohol-driven driving and the number of traffic accidents caused by drunk driving in the country’s public security organs have both dropped drastically year-on-year, while the notion of “drinking without driving and driving without drinking” is also gradually reaching the hearts of the people. At the same time, there are still a lot of problems in the judicial practice of dealing with dangerous driving offense. This article, starting from the criminal law norms of drunk driving in mainland China and comparing with the relevant norms in Macao of our country, aims to provide some ideas for better prevention and control of drunk driving crimes.