刑事政策视野下醉驾入刑的正当性论析

摘要

Though drunk driving has been written into the criminal law, the controversy over its legitimacy never ends. Seen from the perspective of the criminal policy, drunk dinking being written into the criminal law seems to be a right choice by the legislature. Drunk driving is seriously harmful for the society and drunk drivers should receive penal punishment, therefore it is necessary to write drunk drinking into the criminal law. In addition, as the problem of drunk drinking continues worsening, the original punishment has become insufficient to restrain violators. In order to better protect the safety of the public transport, it is also a requirement of the modesty principle of criminal law to write drunk driving into criminal law. The legitimacy, however, does not guarantee the perfection of legislation and implementation. The problem after the legislation also requires our attention.%从刑事政策的视角看，醉驾入刑是立法机关所作出的一项正确选择。作为一种具有严重社会危害性及应受刑罚处罚性的行为，醉驾具有入刑的必要性。此外，面对日益严重的醉驾现状，原有的处罚已不足以抑止此类违法行为以充分保护公共交通安全，故将其入刑亦符合刑法谦抑原则的要求。然而，具有入刑的正当性，并不代表立法规定本身及实施过程中的完美性，入刑后存在的问题同样值得关注。