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伴随着经济快速增长以及人们物质生活水平稳步提升的态势,我国已然是进入汽车的消费时代,人们一方面在享受汽车带来的舒适便捷的同时时,一方面却也面临着重大、恶性交通事故类刑事犯罪频频发生的现实,新出台的刑法修正案正是基于此而增设了危险驾驶罪。这次关于“危险驾驶”的定罪,规定了不管是否造成后果,只要有醉驾、追逐竞驶等危险驾驶行为都构成犯罪,予以刑罚处罚;发生重大事故则可能构成交通肇事罪或以危险方法危害公共安全罪。但对于有关危险驾驶罪的刑事立法和司法适用人们已然出现了困惑,学术界在此问题上的观点则更是中说纷纭,笔者认为纠其原因还是因为我们在对于危险驾驶行为特性的理解和把握上出现的偏差。为此,就很有必要对那些由于危险驾驶所导致的危险驾驶犯罪行为进行准确地理解与界定。
Along with the rapid economic growth and the steady improvement of people’s material living standards, our country is already entering the automobile consumption era. On the one hand, while enjoying the comfort and convenience brought by cars, on the one hand, people are also facing major and vicious traffic accidents The frequent occurrence of such criminal offenses relies on the addition of dangerous driving offenses. This conviction on “dangerous driving” stipulates that regardless of whether the consequence is caused or not, as long as dangerous driving behaviors such as drunk driving and chasing competitions constitute a crime, they shall be punished with penalties; in the case of a major accident, they may constitute crimes of traffic accident or danger Method endangering public safety. However, people have been puzzled by the criminal legislation and judicial application of dangerous driving offense. The opinions of academics on this issue are even more different. The author thinks that the reason is because of our understanding of the characteristics of dangerous driving behavior and Grasp the deviation appears. Therefore, it is necessary to accurately understand and define those dangerous driving behaviors caused by dangerous driving.