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为了遏制日益猖獗的醉酒驾驶、飙车等危险驾驶之风,清除道路公共安全隐患,2011年5月1日起实施的《刑法修正案(八)》将醉酒驾驶及追逐竞驶作为危险驾驶之情形入罪。醉驾、飙车入刑实施两年多以来,产生了积极的社会效果。然而在司法实践中,在对危险驾驶的定罪量刑上却暴露出了一些问题。罪责刑相适应是我国刑法的一项基本原则,如何在处罚危险驾驶罪中严格贯彻落实这一原则,亦是中国刑法学界需要摸索和实践的重大问题。
In order to curb the dangerous driving winds like drunken driving and drag racing, and to eliminate the public safety hazards of roads, the Criminal Law Amendment (8), which took effect on May 1, 2011, takes drunken driving and chase racing as a dangerous driving situation Incrimination. Drunk driving, drag racing into the implementation of more than two years, has had a positive social effect. However, in judicial practice, some problems have been exposed in the criminalization of dangerous driving. Adaptation of crime and punishment is a basic principle of criminal law in our country. How to strictly implement this principle in the punishment of dangerous driving offense is also a major issue that Chinese criminal law scholars need to explore and practice.