关于危险驾驶罪的论证与理解——以风险刑法理念为理论基础

《刑法修正案（八）》已在民众的呼声中顺利通过，但对于理论界和实务界来说依然任重道远，如何论证和理解法律规定成为关键。以风险刑法理念作为理论基础创建的危险驾驶罪必须合理解决罪刑法定原则与罪刑相适应原则的契合问题，以彰显以人为本的现代刑法理念，并在此基础上论证和理解犯罪构成，并检验刑事法律后果，从而提出可行性的立法和司法方案。

On the Demonstration and Understanding of the Dangerous Driving Crime

It is an undisputable fact that the Amendment VIII of Criminal Law of the PRC has been passed un- der the voice of the people. However, many remain to be perfected by theorists and practitioners, and how to demonstrate and understand the law becomes a crucial issue. Dangerous driving crime, based on theoretical founda- tion of the Risk Criminal Law, must reasonably solve the conjunction between the principle of legality and the prin- ciple of suiting punishment to crime so as to demonstrate ＂People -oriented＂ spirit of modem criminal law. Based on this, one can demonstrate and understand the constitution of crime, test the consequences of criminal law, and thus propose feasible legislation and judicature solutions.