面对社会上日益严重的醉酒驾驶问题,《刑法修正案八》规定了＂危险驾驶罪＂,有关醉驾的刑法规范主要体现了刑法保护法益前移与抽象危险犯的立法精神。而用刑法手段减少风险的发生、确保交通安全并不能有效达至理想效果,超越规范层面的惩罚醉驾的政策与风险防治因素为情境预防理论应用于保障社会公共安全问题提供了可寻的依据。从具体犯罪的预防出发思考减少行为人实施犯罪的机会,应用情境预防理论控制醉驾的发生是可行的新路径。%Faced with the everyday-worsening situation of drunken drlving,the eighth amendment to criminal law includes the provision of the offence of dangerous driving.The normal understanding and application of the new article has been received with concern from both educational circles and conflict.The criminal sanction of drunken driving mainly exemplifies the legislative spirit of the leading-forward of legal interests and abstract dangerousness.It also exemplifies the extensive application of the idea of risk society in criminal law theory.However,the risk of the road cannot be fully tackled by the criminal sanction which is a after feature punishment.The theory of situational prevention aims to reduce the opportunities of committing specific offences. It is a new way of controlling drunken driving.
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