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我国刑法处罚范围呈现扩张态势,立法者对个别新罪的添置削弱了民事制裁和行政制裁的效用,刑事司法资源供求失衡,这不利于对危害行为的规制。醉驾入刑的民意基础不牢靠,立法过程无法反映出此行为不为社会大多数容忍;同时,行政法规足以规制此行为,并非只有动用刑罚才能充分保护法益;对醉酒驾车行为不惜运用刑罚,会使公民自由受到不当限制,而且导致司法实践中出现了不少无法进行客观认定和公正处断的情形。
The scope of punishment in criminal law in our country shows an expanding trend. The purchase of new crimes by lawmakers weakens the effectiveness of civil sanctions and administrative sanctions. The imbalance of supply and demand of criminal justice resources is not conducive to the regulation of harmful acts. Drunk driving into the penalty base of public opinion is not solid, the legislative process can not reflect this behavior is not for the community most tolerated; the same time, administrative regulations sufficient to regulate this behavior, not only the use of penalties to fully protect the legal benefits; So that civil liberties are unduly restricted, but also led to many cases of judicial practice that can not be objectively identified and fairly punished.