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针对醉酒驾驶肇事行为的罪责评价问题,目前理论界与实务界均存在较大争议。鉴于目前的三种主流观点都不能从理论上周延地对醉酒驾驶肇事行为的罪责进行评价,笔者遂运用以醉酒犯罪为蓝本构建起来的原因自由行为理论,试图为这个问题谋求一条妥善的解决之道。笔者提出对于醉驾者主观罪过的判断,应当区分自陷于无责任能力和限制责任能力两种情况;同时,辅以对司法解释的修改以达到对醉驾肇事行为的合理量刑。
In view of the guilt evaluation of the drunk driving accident, there is much controversy between the theoretical circles and the practical circles at present. In view of the fact that none of the current three mainstream opinions can appraise the guilt of drunk driving accidentally and theoretically, the author then uses the theory of free behavior, which is based on drunken crime, to seek a proper solution to the problem Road. The author puts forward the judgment of the subjective sin of drunk driving people should distinguish between self-infringement in the two cases of non-responsibility capacity and limited liability; at the same time, supplemented by the judicial interpretation of the amendment in order to achieve a reasonable sentencing of drunk driving accident.