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醉驾入刑是国家应对该行为的理性措施,是刑事政策的必然选择。醉驾为行为犯,不存在以“情节显著轻微危害不大”不认定为犯罪的情形;为现行犯,不存在诉讼时效的问题。以血液中酒精含量来作为认定是否醉酒的标准是合理的,但应完善相关的鉴定程序。目前体制下,对醉驾者应先行刑事拘留,但不应适用逮捕措施。有必要修订现行刑诉法,将“可能判处拘役”归入可适用逮捕措施范围之内。
Drunken driving into the penalty is a rational measure for the state to deal with this behavior and is an inevitable choice for criminal policy. Drunk driving is a guilty plea, and there is no such circumstance that “the circumstances are not significantly less damaging ” “not deemed as a crime; for the current guilty, there is no issue of limitation of action. It is reasonable to use the alcohol content in the blood as a criterion for determining whether to be drunk, but the relevant qualification procedures should be refined. Under the current system, criminal drunks should be detained first, but arrest measures should not be applied. It is necessary to amend the current Criminal Procedure Law to include ”possible detention under criminal detention" within the scope of applicable arrest measures.