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近年来,随着我国经济的迅速发展,人民的生活水平和消费水平不断提高,机动车保有量急速增加,道路交通安全问题和人民的生命健康财产权利逐渐成为社会关注的焦点。《刑法修正案(八)》第二十二条明文规定了对醉酒驾车和情节恶劣的追逐竞驶这两种行为的刑事处罚,这一举措体现了立法者对危险驾驶行为严重社会危害性的认识,也满足了公众对道路交通安全的呼吁和诉求,本文试对危险驾驶行为入罪这一立法行为进行深入探讨,分析其合理性和必要性以及存在的不足。
In recent years, with the rapid economic development in our country, people’s standard of living and consumption have been continuously increasing. The number of motor vehicles has been rapidly increasing. Road traffic safety and people’s health and property rights have gradually become the focus of the community. Article 22 of the Amendment to the Criminal Law (8) explicitly stipulates the criminal penalties for drunk driving and the chase competition. The move reflects the serious social harmfulness of legislators to dangerous driving behaviors It also meets the public appeals and appeals to road traffic safety. This paper attempts to probe into the legislative action of criminalizing dangerous driving behavior, and analyzes its rationality and necessity as well as the existing problems.