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近年来吸毒驾驶案件频发,在《刑法修正案(九)》实施后,对“吸毒驾驶”纳入刑法规制的讨论再次兴起。“毒驾”行为是否应当入刑及入刑后以哪种罪定罪处罚等问题存在争议,结合毒驾入刑的现实根据和理论根据,以风险刑法理论、严而不厉的刑事政策、原因中的自由行为论及客观归责理论为基础予以分析,呼吁在今后的刑法修正案中应将“毒驾”行为纳入危险驾驶罪中予以规制,并采取“零容忍”的认定标准,在实践中除常规的检测方法外可采取血液检测方法。
In recent years, drug-taking and driving cases are frequent. After the implementation of the Criminal Law Amendment (IX), discussions on the inclusion of drug-driving into the criminal law regained. “Drug driving ” behavior should be sentenced to criminal and what kind of crime should be sentenced to punishment and other issues of controversy, combined with the actual basis and theoretical basis of drug driving into the penalty, the risk of criminal law theory, strict but not severe criminal policy , The reasons for free behavior theory and objective imputation theory as the basis for analysis, called for the amendment of criminal law in the future should be “drug driving ” behavior into the crime of dangerous driving to be regulated, and to take “zero tolerance” Of the accreditation standards, in practice, in addition to the conventional test methods can take blood test methods.